- (1.) PRESENT appeal has been preferred by the Appellants assailing the judgment and order dated 25.9.2004 rendered in ST No 200 of 1999, whereby the appellants were convicted for offences under section 302/34 IPC and each of them have been sentenced to undergo imprisonment for life with concomitant sentence of fine quantified at Rs 10,000/ - each. Both the appellants have further been convicted under section 394 IPC and each of them have been sentenced to undergo RI for five years with concomitant sentence of fine quantified at Rs 5000/ - each. Each of the appellants have also been convicted under section 411 IPC and have been sentenced to undergo RI for two years attended with fine quantified at Rs 2000/ - each with default stipulation.
(2.) THE author of the FIR is one Ram Bali Dubey, an inhabitant of Mohalla Khatrana. The FIR was lodged at police station Kotwali District Rae Bareli with the allegation that on 15.2.1999, he departed his house at 2 pm to attend the function at the house of one Surya Prakash Tripathi, situated in Mohalla Naya Purva. After making his presence felt in the function, he had come back to his house at 4.30 pm. On arrival, he found the door of his house ajar and his wife Smt Mithilesh Kumari lying supine. On a close scrutiny, he found the mouth of deceased stuffed with piece of cloth and her neck slit. He pulled the cloth from her mouth and turned the body on sides in order to ascertain if she was alive or not but she gave no sign of being alive. He immediately rushed to the police station and gave the written report to the above extent. On the dint of written report, case was registered at case crime No 129 of 1999 under section 302 IPC at 4.45 pm.
(3.) AFTER registration of the case, the police arrived at the scene of occurrence and all requisite formalities were processed and completed. The body of the deceased was sealed and sent for post mortem examination which was conducted on 16.2.1999 at 2.50 pm. It would appear from the record that name of accused Sanjai Maurya surfaced on the suspicion articulated by the informant and also on the basis of the statements of Anwari Begum and Mohd Hafiz and consequently on 16.2.1999, search was made for his arrest but his whereabouts could not be ascertained. Search was undertaken on 18.2.99 also but he was nowhere traceable. On 19.2.1999, on a tip -off, accused Sanjai Maurya was apprehended from Roadways bus stand. Immediately he was interrogated and on his pointing out, recoveries were made from a place near Champa Devi Temple. The plundered item recovered on his pointing out included gold nose ring (Nathuni), and a pair of silver Payal. On interrogation, accused Sanjai Maurya blabbed about complicity of Peer Mohd in the crime. It was discovered on 4.3.1999 that the co -accused Peer Mohd had surrendered himself in ST No 853 of 1997 by getting his bail cancelled and was lodged in jail. On 17.3.1999, the statement of Peer Mohd was recorded in jail in which he confessed to his involvement in the commission of offence. On 19.3.1999, the accused Peer Mohd was taken from jail on remand and on his pointing out, the plundered items were recovered which included one golden chain, one pair of golden tops and coins. On 15.2.1999, section 394 IPC was added. In ultimate analysis, the charge sheet Ex ka 18 was submitted in the court against the accused persons. On 28.2.2002, the charges were framed against the accused who abjured their guilt and pleaded to be tried.;