PRAMOD KUMAR SRIVASTAVA, J. - (1.) THIS appeal has been preferred against the judgment of conviction dated 19.6.2015 and order of punishment dated 24.6.2015 passed by Sri D.P.N. Singh, Additional Sessions Judge, Court No. 3, Ball, in S.T. No. 19 of 2006, State v. Abhishek Kumar alias Pintoo under sections 302 and 394 IPC, case crime No. 502 of 1999, P.S. Rasra, district Ballia by which the accused -appellant was convicted for charges under sections 302 and 394 IPC and was punished for charge under section 302 IPC with imprisonment for life and a fine of Rs. 1,00,000/ - (in default of payment additional imprisonment for one year) and for the charge under section 394 IPC with rigorous imprisonment for 10 years and a fine of Rs. 50,000/ - (in default of payment additional imprisonment of six months).
(2.) THE Lower court records were summoned and were placed before us. Learned counsel for the appellant as well as the learned AGA for the State agreed for the disposal of the appeal as such we, with their consent, have proceed to hear this appeal finally dispensing with the requirement of preparation of a formal paper book, as counsel for both sides had opportunity to verify facts from the original records that were perused by us.
(3.) PROSECUTION case in brief was that one Kamaluddin, r/o village Kop, police station Rasra, district Ballia was an employee of a petrol pump in Kuren. He was informed in his village that a dead body was lying at a place one kilometer away from Sidhagar Ghat where a mob had assembled but no one is informing the police, then he sent this information to the police by telephone and also informed that the said dead body has not been identified. On this information received by telephone on 1.10.1999 at 7:15 am police registered case crime no. 502 of 1999 under section 302 IPC and started investigation. During investigation it was found that the deceased was Luv Kush, son of Hari Narayan, r/o Gudari Bazar, p.s. Rasra, district Ballia. In postmortem 27 incised wounds were found on all over the body of Luv Kush and he was reported to have been murdered approximately between 30.9.1999 (5:00 pm) to 1.10.1999 (7:15 am). During investigation it was known that Luv Kush had gone from his house on 30.9.1999 at about 10 am with his brother Anup Kumar Gupta on a scooter. On the way Anup left him, and Luv Kush proceeded on his scooter for recovery of money from different persons. After investigation the police submitted a charge -sheet against the appellant Abhishek alias Pintoo under section 302 and 394 IPC for murdering Luv Kush and looting the scooter and money from him. On this charge -sheet S.T. No. 19 of 2006, State v. Abhishek alias Pintoo was registered and the trial began. During trial accused appellant Abhishek alias Pintoo was charged firstly that on 30.9.1999 at 7:00 p.m at a place one .kilometere away from Sidhagar Ghat barrier he had committed murder of Luv Kush, and secondly that at the said time and place he had robbed Luv Kush. Accused -Appellant denied the charges u/ss 302, 394 IPC, pleaded not guilty and withstood trial.;