Surendra Vikram Singh Rathore, J. - (1.) SRI Piyush Asthana, learned counsel for the appellants, Smt. Madhulika Yadav, learned Additional Government Advocate for the State were heard. We have perused the material available on record.
(2.) BOTH these criminal appeals i.e. [Criminal Appeal No. 1691 of 2007 -Vishal Arora V. State of U.P.] and [Criminal Appeal No. 1109 of 2007 -Putan V. State of U.P.] arise out of same judgment, therefore, the same are being disposed of together. Instant criminal appeals have been preferred by the appellants -Vishal Arora and Putan challenging the judgment and order dated 30.03.2007 passed by learned Additional Sessions Judge/F.T.C. Court No. 4, Lucknow, in Sessions Trial No. 799 of 2003, arising out of Case Crime No. 121 of 2003, under Sections 302 IPC, Police Station Talkatora, District Lucknow, whereby both these appellants were convicted for the offence under Section 302 IPC and were sentenced to undergo imprisonment for life and also with fine of Rs. 8000/ - each.
(3.) IN the instant case one Pachhoo Lal who happens to be father of the complainant, Gomti Devi was murdered. The FIR of this case was lodged by Gomti Devi on 22.03.2003 at 12:30 p.m. at Police Station Talkatora, District Lucknow alleging therein that she alongwith her mother and her sisters had gone to the parental house of her mother in village Billaura, District Unnao. On 22.03.2003. When they came back at about 10:00 a.m. to their village Deopur, Police Station Talkatora, District Lucknow then they found that both the doors of their house were closed and latch of one room was bolted from outside. On opening the door it was found that Pachhoo Lal was lying below the Takhat and the body was covered with a blanket. After removing the blanket it was found that Pachhoo Lal was dead and there was bleeding from his mouth. So a suspicion was expressed that someone has murdered her father. On the basis of this FIR the case was registered and the police came to the place of occurrence and prepared inquest report. The dead body of the deceased was sent for postmortem which was conducted on 23.03.2003 at 1:00 p.m. it appears that the date of postmortem at one place has wrongly been mentioned in the postmortem i.e. 22.03.2003 at 1:00 p.m. As per postmortem report duration of death of the deceased was about one and half day old. Following ante -mortem injuries were found on the body of the deceased: - (a) Abraded contusion 8 c.m. x 4 c.m. on frontal part, above root of nose. (b) Abrasion 3 c.m. x 2 c.m. right side of face below right eye. (c) Contusion 7 c.m. x 5 c.m. on right temporal region. (d) Contusion 8 c.m. x 4 c.m. on front of neck. (e) Transverse ligature mark 33 c.m. x 3 c.m. around the neck below cartilage, all around the neck. (f) Ligature mark 6 c.m. below both the ears. The base of groove of ligature mark was soft and reddish. Tissues below the ligature mark were echomised. Larynx, trachea were fractured. In the opinion of the doctor the cause of death was asphyxia as a result of ante -mortem strangulation.;