2007 Supreme(All) 3084
[2008(3) ADJ 30 (NOC)(DB)]
ALLAHABAD HIGH COURT
BEFORE : K.S. RAKHRA AND R.K. RASTOGI, JJ.
RAMANAND AND ANOTHER ........Appellants (In Jail)
Versus
STATE OF U.P. ................Opposite Party
(Criminal Appeal Nos. 2249 and 2364 of 1998,
decided on 19th December, 2007)
Advocates:
Counsel :
K.M. Mishra, Harish Chandra Tiwari (Amicus Curiae) for the Appellants; Suresh Chand Dwivedi, A.G.A. for the Opposite Party.
Headnote:(Indian) Penal Code, 1860—Sections 302/34, 307/34, 366 and 376—Murder—Attempt to murder—Common intention—Abduction and rape—Conviction—Sustainability of—Plea of juvenile never raised before trial Court nor in memo of appeal filed before High Court—It has become immaterial—FIR not ante-timed—Accused/appellant had illicit relationship with PW 3—She is a daughter of deceased—Accused decided to murder those persons who come in their way—Witnesses of facts produced by prosecution are interested witnesses—But otherwise no reason to disbelieve their testimony—P.W. 3 is a married lady and habitual of sexual intercourse—So it is immaterial that no injury was found on her body or on her private parts—No reason to disbelieve her statement on point—Abduction only for purpose of intercourse—Nothing unnatural if two real brothers establish illicit relations with her—Medical evidence also corroborates ocular testimony specifically regarding death of deceased—Conviction upheld. Appeals Dismissed.
Back
