SURENDRA VIKRAM SINGH RATHORE, J. - (1.) SINCE both the aforesaid criminal appeals arise out of same judgment, as such, both these appeals are being disposed of by a common judgment.
(2.) HEARD Mr. Shailendra Pathak, who has put in appearance as amicus curiae for appellant Ramesh Maurwa alias Guran, and as private counsel for other appellant Raju alias Kanhaiya, learned A.G.A. for the State and perused the lower court record.
(3.) CHALLENGE in these appeals is the judgment and order dated 08.06.2011 passed by learned Additional Sessions Judge, Court No.9, Lucknow in Sessions Trial No. 182 of 2006, arising out of Case Crime No.212 of 2005, under Section 302 IPC, Police Station Naka, District Lucknow whereby appellants Raju alias Kanhaiya and Ramesh alias Guran were convicted for the offence under Section 302 read with 34 IPC and were sentenced to undergo imprisonment for life and also with fine of Rs.2000/ - each with default stipulation of six months additional rigorous imprisonment. For the purpose of disposal of the instant appeals, the facts of the case may be summed up as under: - Complainant Raj Kumar Shukla lodged an FIR at Police Station Naka, District Lucknow on 10.08.2005 at 7.45 a.m., which was scribed by Pradeep Tiwari son of Vishun Kumar Tiwari alleging therein that his son in law Pawan Shukla was working in Tulsi Hotel for the last one and half year on the post of Supervisor. On 10.08.2005, the complainant got an information through telephone from Shri Vimal Agarwal, owner of the said Tulsi Hotel, that his son in law Pawan Shukla has been murdered. On this information, the complainant along with his family members Krishan Kumar Shukla, Ganeshwar Tiwari, Rajiv Ratan Tiwari, Pradeep Tiwari reached at Tulsi Hotel at 6.30 a.m. The owner of the hotel also resided in the ground floor of the same building. The owner took them to the reception lobby and pointed out the place of occurrence where Pawan Shukla was lying dead. His hands and legs were tied and from his mouth reddish slaiva was coming out. At that time, the employees, who were on night duty in the said hotel were not present. On making inquiry, they came to know that the employees of the hotel, namely, Kamlesh Kumar son of Kuldeep Kanha, Post Khanpur, District Gaya, Bihar, Kunwar Bahadur son of Lallan, Village Pultipur, Post Kenai, District Sultanpur and Ramesh Guru son of Ram Singh Guru, Khajura, Police Station and District Nepalganj, were going at about 3.30 a.m. in the night along with their bags towards Charbagh. This information was given by some persons of the vicinity and also by the owner of the hotel. On this information, the case was registered and inquest proceedings were conducted and dead body of the deceased was sent for postmortem, which was conducted on 10.08.2005 at 2.30 p.m. and following injuries were found on the dead body of the deceased. (i) Abraded contusion 2 cm x 1 cm below the right eye brow. (ii) Contusion 1.5 cm. on right leg with swelling round in shape. (iii) Contusion 1.5 cm. round in shape above the left ankle. (iv) Swelling in an area of 8 cm x 7 cm above the right wrist. (v) Contusion 8 cm x 7 cm on the right forearm near the wrist joint with swelling. (vi) Contusion 4 cm x 3 cm on the right side occipital bone. (vii) Ligature mark 30 cm x 1.5 cm around the neck below the thyroid cartilage. This injury was 7 cm below the right and left ear. In the opinion of the doctor, the cause of death was asphyxia which was the result of ante -mortem strangulation. ;