- (1.) HEARD learned Counsel for the appellant, learned A.G.A on the prayer for bail of accused appellant and perused the impugned judgement and order of the trial court as well as trial court record.
(2.) THIS criminal appeal has been filed by the accused -appellant Rajjan Sonar, son of Ram Deen alias Ram Mohan Soni, resident of Gurahi Bazaar, Police Station Colonelganj, District Gonda against the judgment and order dated 27.11.2004, passed by the learned Additional Sessions Judge/FTC -1, Gonda in S.T. No. 377 of 1993 (Case Crime No. 330 of 1993); State v. Rajjan Sonar and Anr. under Sections /, / I.P.C., Police Station Colonelganj, District Gonda, whereby the learned Additional Sessions Judge has acquitted the co -accused Pratap Godiya and held the accused -appellant guilty under Sections , I.P.C, consequently, he has convicted and sentenced him to undergo rigorous imprisonment for 7 years and to pay fine of Rs. 1,000/ - under Section I.P.C. and to undergo rigorous life imprisonment and to pay fine of Rs. 2,000/ - under Section I.P.C. In case of default of payment of fine, he was ordered to further undergo additional rigorous imprisonment for 3 months and 6 months under Sections and I.P.C. respectively. The prosecution case as borne out from the trial court record, in brief, is that the complainant Rampal, son of Ram Deen, resident of Village Nooropur, Police Station Colonelganj, District Gonda had lodged a written report on 3.7.1993 at 5.20 P.M. at Police Station Colonelganj, District Gonda with the allegation that when he was not present at his house during the day, the accused Rajjan Sonar and Suresh Singh came to his house at about 8.00 A.M. and took his son Daddu alias Vinay Prakash with them in the presence of Shobha Ram and Ram Swaroop who were his neighbours. When he came back to his house, this fact was told by them to him. He continued to search of his son but he could not find him. The accused Rajjan Sonar and Suresh Singh were men of criminal nature. Therefore, he apprehends that his son might be done to death. On the written report of the complainant, the police of Police Station Colonelganj, District Gonda had registered a case against the accused under Section I.P.C. for investigation.
(3.) THE accused appellant on the date of lodging of the F.I.R., was arrested by the police in another case Crime No. 331 of 1993. On the next day, the complainant accompanied by his father Ram Deen went to the Police Station where the accused was already lodged in lock -up. The S.O. of Police Station took out the accused appellant from the lock -up and interrogated him in their presence. He confessed that he along with co -accused Pratap Godiya had committed the murder of Daddu alias Vijay Prakash. He also informed the S.O. that he could get the dead body of the deceased recovered. Consequently, the S.O. along with police party, complainant and his father as well as other witnesses went to the place pointed out by the accused appellant and recovered the dead body of the deceased.;