- (1.) The aforesaid appeals have been preferred by three appellants, namely, Anand Kumar Shukla, Smt. Kusum Lata @ Baby and Smt. Sharda Devi against the judgment and order of conviction dated 18.11.2003 passed by Additional Sessions Judge, court no. VIII, Shahjahanpur in Sessions Trial No.199 of 2001, State Vs. Anand Kumar Shukla and others, arising out of Case Crime No.494 of 2000, under Sections 302, 201 IPC, Police Station Kotwali, District Shahjananpur, whereby each of the appellants has been sentenced to life imprisonment and a fine of Rs.5000/- under Section 302/34 IPC. Similarly appellants have been sentenced to three years rigorous imprisonment coupled with a fine of Rs.500/- each under Section 201 IPC and, in case of default, in the above two offences, the concerned convicts shall have to suffer additional rigorous imprisonment for one year and one month, respectively. Both the sentences shall run concurrently.
(2.) Heard at length Sri Rajiv Lochan Shukla, Sri P.K. Singh, learned counsel for the appellants as well as Sri Rahul Mishra learned Amicus Curie and J.K. Upadhayay, Km. Meena, learned AGA for State and Mrs. Manju Thakur, Brief Holder for the State.
(3.) Facts of prosecution story has its genesis in the first information report lodged on 24.12.2000 at 4.30 p.m. at Kotwali, District Shahjananpur at Case Crime No.494 of 2000, under Sections 302, 201 IPC. The first informant is S.H.O. Jitendra Nath Singh. The incident is stated to have occurred in the morning at 4:00 a.m. on 24.12.2000. First information report proceeds to allege facts to the effect that the informant in company of other police personnel was busy at Jamuka tiraha (junction of three roads) in VIP duty. The reference of the same finds mention in general diary rapat no.14, 11.30 hours. It was around 1:00 p.m., one Commander jeep bearing no. UP 32 R-6711, being driven at high speed by its driver was coming from Shahjananpur side and going to Sitapur. When the jeep crossed the first informant he noticed some blood dropping down from the jeep. The first informant became apprehensive of the situation gave hot chase to the jeep and tookover the commander jeep infront of 'Gurri' police outpost around 1.30 p.m. On inquiry being made from its driver, he disclosed his name Anand Shukla son of Kamlesh Shukla, resident of Village Baruwa, police station Azgain, District Unnao, (present address tenant of Sharda Devi, Mohalla Sinjai, police station Kotwali, Shahjananpur) and apologized in the presence of witness Satish Chandra Verma son of Lala Ram Verma R/o Barnai, P.S. Rowza, District Shahjananpur, whereupon search was made in the Commander Jeep in the presence of Satish Chandra Verma. On search being made one dead body, in two pieces, was recovered from rear side of jeep, the trunk having been found in a gunny bag almost naked except an underwear and the head above neck was kept in another small polythene bag somewhere under the seat in rear side of the jeep.;