- (1.) THE accused before us are Rakesh Kumar Yadav, and Bablu alias Ram Sunder Yadav, who have been convicted by Additional Sessions Judge, Court no. -01 Raibareilly by his judgment and order dated 7/9 -5 -2012 passed in S.T. No. -12/2005 U.P. State Vs. Rakesh Kumar Yadav & Another under Section 302/34, 201/34 and 315/34 I.P.C. and each of them has been sentenced under Section 302/34 I.P.C. to death with a fine of rupees ten thousand and in case of default of payment thereof to under -go one year simple imprisonment, under Section 201/34 I.P.C. for rigorous imprisonment of 7 years with fine of rupees five thousand and in case of default of payment thereof to undergo three months additional simple imprisonment and under Section 315/34 I.P.C. for
(2.) RIGOROUS imprisonment of ten years with fine of rupees ten thousand and in case of default of payment thereof a further simple imprisonment of one year directing all the sentences to run concurrently. We have before us a reference under Section 366 Cr.P.C. for confirmation of death sentence and three appeals out of which two are preferred by the accused separately while third one is a joint appeal by both of them, against their conviction and sentence.
(3.) THE appellants are alleged to have murdered the deceased Smt. Guddan who was a pregnant lady of about 30 years in her own house and dumped her dead body in a near by field. The occurrence is said to have taken place on 07.10.2004 between 08:00 to 09:00 P.M. The F.I.R. of the case was lodged by Shiv Bahadur Yadav P.W. -01, the husband of the deceased Smt. Guddan on 10.10.2004 at about 21:30 hours at Police Station Gadaganj, District Raibareilly, which was at a distance of 5 kilometers from the place of occurrence with a recital therein to the effect that the deceased Smt. Guddan was living with him as his wife for about past ten years. She was of capricious behaviour and having an affair with appellant Rakesh his neighbour for about 5 years. Last year, she developed a relation with other appellant Bablu Yadav and because of that her relationship with Rakesh got strained. They also had Maar -Peet with each other. Since thereafter Bablu had often started coming to his house and lend him a helping hand in his house hold work. On 05.10.2004 he had gone to his Sasuraal on a bicycle from where on 06.10.2004 he had gone to his maternal uncle 's house. On 08.10.2004 while returning home, he on the way at Unchahaar from a P.C.O. owner came to know that his (informant's) wife had died. When he reached at his house in his village he found that the dead body of his wife had already been sealed and was being sent for postmortem examination. He also accompanied her dead body and returned his house with her dead body after postmortem on 09.10.2004. Today on 10.10.2004 after having performed last rites of his deceased wife and on making a detailed enquiry he came to know that Rakesh and Bablu because of their differences with her in their love affairs, had murdered her inside his house and in order to conceal the evidence of the crime, had dumped her dead body in the agricultural plot of one Ram Dulare Singh situated towards south of his house and had spread a rumour that she had been attacked and killed by a bull.;