- (1.) SINCE both the aforenoted appeals arise from the same occurrence and the same judgment passed in S. T. No. 609 of 2002 in State v. Saudan alias Sonu and Ors. , by Special Judge (E. C.) Act, Ghaziabad on 30- 3-2005, they have been heard together.
(2.) ACCUSED appellants Teetu and Saudan in ST. No. 609 of 2002 were charged under Sections 302/34, 394/34, I. P. C. , 201/34 I. P. C. read with Section 411 I. P. C. They were tried by Additional Sessions Judge (Special Judge, E. C. Act), Ghaziabad, who vide judgment dated 30-3-2005 convicted them on all the counts and sentenced them to undergo a term of life imprisonment under Sections 302/34, 394/34 and to pay a fine of Rs. 2,000/- each on each count, and also to undergo a term of three years' rigorous imprisonment and to pay a fine of Rs. 500/- under Section 201, I. P. C, and to undergo a term of one year rigorous imprisonment under Section 411, I. P. C. and in default to pay the fine to undergo a term of one month and fifteen days simple imprisonment respectively, and ordered to run all the sentences concurrently. The trial Judge acquitted co-accused Vipin, who stood trial on the charge under Section 411, I. P. C, alongwith these accused appellants. According to the prosecution version, accused Teetu and Saudan alias Sonu on 22-4-2002 in presence of Mahendra P. W. 2 and Indrapal P. W. 3 engaged on hire a Bhainsa Buggi of informant's (P. W. 1) son Raju and took the deceased Raju alongwith them. Thereafter Raju did not return for two days. The informant (P. W. 1) searched his son Raju and did not find him. On 24-4-2002, he came to know from the people that accused Teetu and Saudan alias Sonu killed Raju on 22-4-2002 and had thrown his dead- body in a Nala nearby. A written report of this incident was prepared by the informant Kalu, PW-1 on 22-4-2002 at 6. 30 p. m. at Police Station Murad Nagar, District Ghaziabad. The investigation was commenced by P. W. 8 S. I. P. K. Agnihotri, who proceeded with the informant from the police station and arrested accused Teetu and Saudan around 10-11 p. m. who in presence of the informant made a discovery statement to the Police that they after killing Raju had thrown the dead- body in the Nala nearby the bridge, and had given his Bhainsa Buggi to one Vipin (co-accused) of village Amheda. The accused, thereafter led the police to the place of occurrence where in presence of witnesses P. W. 6 Chhidda and one Rajveer on pointing out of the accused, police recovered the dead- body of Raju from the Nala lying between the fields of Hoshiyar Singh and Nirankar Singh in the forest of Village Chhittaura vide effecting recovery memo Ex. Ka-4, and subsequent to it, the Cart lying standing in front of the house of co-accused Vipin in village Amheda and Bhainsa from his courtyard vide effecting seizure memo Ex. Ka-5.
(3.) THE inquest on the dead-body was conducted by P. W. 9 S. I. R. S. Arya who sent the dead-body of Raju for post-mortem to District Hospital, Ghaziabad. THE post-mortem on the dead-body of Raju was conducted by PW. 7 Dr. A. K. Mahendru who vide report Ex. Ka-7 opined the cause of death of Raju as Asphyxia, as a result of ante-mortem injuries found over his neck. The Investigating Officer, S. I. P. K. Agnihotri, PW-8 after completing the investigation, filed the charge sheet against the accused-appellants and the other accused Vipin.;