ARVIND KUMAR MISHRA,J. - (1.) Heard Sri Neeraj Tripathi, Advocate assisted by Sri Bharat Singh Pal, learned counsel for the appellants, Sri A.N. Mulla, Sri Sagir Ahmad, Sri J.K. Upadhyay, Kumari Meena and Smt. Manju Thakur, learned A.G.A.s for the State and perused the record.
(2.) By way of instant criminal appeal, both the appellants- Sanjay Rastogi and Rajeev Rastogi have challenged sustainability of judgment of conviction and sentence dated 5.3.2005 passed by the Additional Sessions Judge, court no.2, Rampur in Sessions Trial No. 276 of 2003, whereby the learned trial Judge after convicting both the aforesaid appellants under Sections 302/34, 411 IPC sentenced them to imprisonment for life coupled with fine Rs.25,000/- each and in case of default, the concerned convict would have to suffer additional one year R.I. under Section 302/34 IPC. Each of the aforesaid appellants has been sentenced for offence under Section 411 IPC to one year R.I. Both the sentences have been directed to run concurrently.
(3.) Brief sketch of the prosecution story, as unfolded by the first information report, reveals that informant- Suryakant Shukla- father of deceased- Ravi Ranjan Dev Shukla- lodged written report at Police Station- Kotwali Rampur on 31.10.2002 at 8.30 a.m. against both the appellants- Sanjay Rastogi and Rajeev Rastogi- with allegations that both the appellants came to the house of first informant- Suryakant Shukla around 6.30 p.m. on 30.10.2002 and called his son- Ravi Ranjan Dev Shukla and said to him that they should go for marketing for purchasing some article and took him with them. First informant- Suryakant Shukla and his elder son- Chitranjan Dev Shukla waited for him the whole night and also searched for his son at Sanjay Rastogi's house and at other places in the locality, but did not succeed. First informant along with his elder son- Chitranjan Dev Shukla- went to the house of Sanjay Rastogi around 6.00 a.m. on 31.10.2002 where they met with Sanjay Rastogi and on inquiry being made about missing Ravi Ranjan Dev Shukla from Sanjay Rastogi, they were told that the thorn has been removed. They should go to Khasbagh where Ravi Ranjan Dev Shukla will be found lying dead. Informant and his elder son (Chitranjan Dev Shukla) along with one Vishnu s/o Heera Lal of the locality went to Khasbagh and searched Ravi Ranjan Dev Shukla where they found Ravi Ranjan Dev Shukla lying dead inside the garden close to its wall. Certain injury marks were also seen by them on his body. The informant left behind his son Chitranjan Dev Shukla on the spot and went to the police station to lodge the report, whereupon, the report was lodged at 8.30 a.m. at Police Station- Kotwali Rampur at Case Crime No.583 of 2002, under Sections 302, 201 IPC.;