- (1.) Heard Shri G.S. Chaturvedi, learned Senior Counsel along with Shri Dheeraj Singh Vohra and Ms. Somya Chaturvedi learned counsel for the appellants and Shri Jai Narayan, learned A.G.A. for the State and Shri D.K. Srivastava learned counsel for complainant.
(2.) This appeal arises out of the judgment of the learned Additional Sessions Judge Bareeily in Sessions Trial Nos. 72 of 2007 and 73 of 2007 in Case Crime No. 270 of 2006 respectively. The appellants before us are father and son, who were accused of having conspired with a third accused Ajay Kumar Sharma (also described as Mishra in the tesimony of PW), who is stated to be still absconding and has not faced trial, to commit the murder of the deceased Smt. Poonam, the daughter of the appellant No.1 and the sister of the appellant No.2, and also having caused injuries to PW 2 Pankaj Gupta, who is the husband of the deceased. The appellants have been finally convicted and sentenced for life imprisonment along with other sentences and fine and in default thereof to undergo further imprisonment as per the judgment in relation to the offences committed under Sections 302 read with Section 34 IPC, 307 IPC, 452 IPC, 506 (2) IPC and 120-B of the Indian Penal Code. The appellant No.2 Vivek has also been convicted and sentenced under Section 25 of the Indian Arms Act. All the sentences are to run concurrently.
(3.) The appeal questions the correctness of the judgment for which the learned counsel for the appellants has urged that on a perusal of the entire evidence on record, neither the factum of the involvement of the accused is established nor conspiracy to commit the murder can be concluded and in the absence of any such conclusive evidence, the prosecution has failed to establish the case beyond reasonable doubt. Consequently the impugned judgment of the trial Court dated 30.07.2011 deserves to be set aside and the appellants deserve to be acquitted.;