- (1.) Shri Ran Vijay Singh, learned counsel for the appellants and Shri Chandra Shekhar Pandey, learned AGA for the State were heard at length.
(2.) Instant criminal appeal has been preferred by the appellants Suresh Kumar and Smt. Meena challenging the judgment and order dated 25.10.2002 passed by learned Additional Sessions Judge, F.T.C.-IIIrd, Lucknow in Sessions Trial No.63 of 2002; (State Vs Suresh Kumar & Another) whereby the accused-appellants were convicted and sentenced as under: (I) under section 302/34 IPC imprisonment for life, (ii) under Section 394 IPC seven years R.I. alongwith fine of Rs.5000/-, and (iii) under Section 201 IPC imprisonment for two years. In default of payment of fine, simple imprisonment for six months. All the sentences were directed to run concurrently.
(3.) According to the prosecution, Mintu Kumar Soni deceased is a Vikram tempo driver. On 29.8.2001 at about 10:00PM, accused Suresh Kumar booked the tempo no.U.P.32Z5755 of deceased for Nadar Ganj. When deceased Mintu Kumar Soni did not return till noon of 30.8.2001 then his brother Anil Kumar complainant started searching him and came to know that accused-appellants Suresh Kumar alongwith his wife Smt. Meena Kumari has gone to in laws house at Chamrauli, District-Unnao. When complainant Anil Kumar alongwith some other persons reached near Chamrauli, he found that accused-appellants Suresh Kumar alongwith his wife is coming in the said tempo when accused saw the complainant then he turned the tempo towards Kanpur. Complainant followed him then accused ran away in tempo. Thereafter accused alongwith his wife left the tempo on road-side and ran away in some other vehicle. Someone informed the complainant about a dead-body lying in the bushes. Complainant identified the body of his brother Mintu Kumar Soni.;