JUDGMENT

Heard Sri R.B. Singh and Sri N.K. Singh, learned counsel for the appellant, Sri A.N. Mullah, learned A.G.A. for the State and perused the material brought on record.

2. The instant appeal has been preferred against the judgement and order dated 20.08.2013 passed by the Additional Sessions Judge, Court No. 10, Bareilly, in Session Trial No. 1143 of 2012 (State of U.P. v. Raju), arising out of Case Crime No.1092 of 2012, under Sections - 302, 201 I.P.C., Police Station - Baheri, District - Bareilly whereby the appellant has been sentenced to undergo rigorous imprisonment for life under Section 302 I.P.C., coupled with fine Rs. 20,000/-, in default of payment of fine, one month additional simple imprisonment and three years rigorous imprisonment under Section - 201 I.P.C. coupled with fine Rs.5,000/-, in default of payment of fine, two months additional simple imprisonment. All the sentences were ordered to run concurrently.

Facts of this Appeal:-

3. Factual matrix of this case as reflected from the record proceeds on line that the informant of this case, Natthu Lal (P.W.-1), father of deceased- Yashpal lodged a written report at Police Station - Bahedi on 12.10.2012 at 01:10 p.m. against the appellant with description that the informant is resident of Village - Bhurha Bahadurpur within Police Station - Baheri Bareilly. While he was sitting in his house on 11.10.2012 along with his brother Prem Shankar and Rakesh son of Vindravan around 03:00 p.m., Raju son of Dori Lal Gangwar came over there, called his son Yashpal and asked to accompany him to Bhurhiya for sharpening edges of 'daranti' (sickle). Informant's son took four 'daranti' (sickle) with him and departed along with accused on motorcycle U.P. 25 AF 1284, but he did not return whole night. Search was made for the whereabouts of Yashpal but to no avail. The next day at 10:00 a.m., Raju was seen coming towards the village, when he was enquired about whereabouts of Yashpal, he adopted dilly dallying tactics and tried to avoid the query but upon pressure being exerted by the villagers, Raju told that Yashpal and he himself consumed liquor during night at Uganpur and in order to commit theft of motorcycle cajoled him somewhere in between Makroi and Dadyabojh and cut his neck with the 'daranti' and threw him away in the canal and concealed the motorcycle in the sugar-cane field of Moti Ram.

4. Upon such disclosure, the informant along with others took the accused-appellant to the place where the dead body of Yashpal was lying. Consequently, a report was written and got lodged at the Police Station - Bahedi, the same is Ext. Ka-1. Relevant entries whereof were made in the concerned Check F.I.R. (Ext. Ka-6) at Case Crime No. 1092 of 2012, under Sections - 302, 201 I.P.C. at Police Station - Bahedi. On the basis of the same, case was registered against the accused-Raju at Serial No. 29 of the General Diary concerned of date 12.10.2012 at 01:10 p.m. at aforesaid police station. The copy of concerned G.D. is Ext Ka-7. Both these papers have been proved by Constable Jhajhan Lal (P.W.-5). Consequently, the investigation ensued and the same was entrusted to S.H.O. Sunil Kumar Pachori (P.W.-6).

5. The Inspector Devendra Kumar Tyagi PW-4 prepared the inquest report under supervision of t