JUDGMENT :

Nalin Kumar Srivastava, J.

1. Heard Sri Shri Krishan Yadav and Sri Kripa Kant Pandey, learned counsel for the appellants and Sri Amit Sinha, learned A.G.A. for the State.

2. The validity and sustainability of the judgment and order dated 26.02.2020 passed by Additional Sessions Judge, Court No.4/Special Judge, Mathura in Sessions Trial No.663 of 2011 (State Vs. Mahendra Singh and others) arising out of Crime No.238 of 2011 under Section 302, 201, 120-B, 34, 404 IPC, Police Station Chatta, District Mathura and Sessions Trial No.304 of 2012 (State Vs. Mahendra Singh) arising out of Crime No.241 of 2011 under Section 4/25 Arms Act, Police Station Chatta, District Mathura and Sessions Trial No.305 of 2012 (State Vs. Ganga Dhar) arising out of Crime No.242 of 2011 under Section 25 Arms Act, Police Station Chatta, District Mathura has been challenged by way of instant criminal appeals, whereby the appellants Mahendra Singh, Ganga Dhar and Baniya @ Balveer were convicted and sentenced to undergo imprisonment for life under Section 302/34 IPC with a fine of Rs.10,000/- each, in default thereof, to further undergo three months additional simple imprisonment, to undergo imprisonment for life under Section 120-B IPC with a fine of Rs.5000/- each, in default thereof, to further undergo three months additional simple imprisonment, to undergo three years rigorous imprisonment under Section 201 IPC with a fine of Rs.500/-each, in default thereof, to further undergo fifteen days additional simple imprisonment, to undergo two years imprisonment under Section 404 IPC with a fine of Rs.500/- each, in default thereof, to further undergo fifteen days additional simple imprisonment. Further, appellants Mahendra Singh and Ganga Dhar were convicted and sentenced to undergo two years imprisonment under Section 4/25 Arms Act with a fine of Rs.500/-each, in default thereof, to further undergo fifteen days additional simple imprisonment. All sentences were directed to run concurrently.

3. The prosecution story, in brief, finds place in the F.I.R., which was lodged on the basis of the written report Ex.Ka.-1 given by informant Bacchu Singh, wherein it was narrated that the informant is an employee in Railway Department and has cordial relations with his neighbour accused Mahendra Singh, who uses to come to his house. The informant and his brothers have executed an agreement to sale on 08.07.2011 and the informant got Rs.2 lakh as his share, which were kept in his house. On 12.07.2011, the informant’s daughter Bhagwan Dei received a phone call by Mahendra who wanted to have a chat with her mother Laxmi, wife of the informant. After receiving the call, Laxmi took some articles in a bag and went away from house stating that she was going to her parental home at village Nahra and to come back after two hours. Laxmi was seen by many people going towards Chatta alongwith accused Mahendra on Akbarpur Roadways. The informant made a phone call to Laxmi in the evening when she did not reach Nahra, but she was in haste and was unable to talk and subsequently her phone was switched off. The informant found that Rs.2 lakh, gold & silver jewels and clothings were missing from the house. After search, he found and identified the dead body of Laxmi at the Postmortem House, Mathura on 15.07.2011.

4. F.I.R. Ex.Ka.-10 was lodged against the named accused Mahendra Singh on 16.07.2011 at 13:00 P.M. by Constable Clerk Krishan Pal Singh, who also prepared the registration G.D. Ex.Ka.-11.

5. The investigation ensued and was taken over by C.O. Devendra Singh, who performed the proceedings of the investigation and during the course of investigation, the statements of relevant witnesses were recorded by him. The call details record of the mobile phones of the accused and deceased was also obtained. The dead body of the deceased was recovered and cash money and murder weapon knives were also retrived on the pointing out of the accused persons. The investigating officer also pre