RAMSHANKAR Vs. URMILA & ANR

JUDGEMENT

(1.) This criminal appeal has been filed by appellant Ramshankar son of Gajendra Singh Tomar under the provisions of Section 374 of Cr.P.C. being aggrieved by the judgment of conviction and sentence dated 28.6.2007 passed by the Second Additional Sessions Judge, Morena, in Sessions Trial No.173/2004, thereby convicting the appellant under the provisions of Section 302 of IPC with life imprisonment.

(2.) It has come in the judgment of learned Additional Sessions Judge that appellant was in custody from 30.4.2003 to 10.7.2003 and thereafter from 23.2006 to 28.6.2007, roughly for a period of 6 months, 16 days, which is to be adjusted from the period of sentence finally awarded by the learned Additional Sessions Judge.

(3.) Prosecution story in short is that the case was registered on a private complaint filed by the widow of the deceased Naresh Singh, who was allegedly taken by the appellant and his brother Siyaram from the house of the deceased and thereafter he did not return and though it was promised that deceased will return back to his house in the evening of the fateful day i.e. 26.5.2001, when the deceased did not return, his wife Smt. Urmila (PW-1) tried to search him and thereafter she gave intimation to the police Station. Police did not recorded any FIR and on the contrary on 30.5.2001 Station In-charge police Station, Mahua, A.B.Pathak alongwith 5-6 Constables brought dead-body of Naresh to complainant Urmila (PW-1) and informed that Naresh has died because of inter-gang rivalry.