BALA KRISHNA NARAYANA, J. - (1.) Heard Sri Pawan Singh Pundir, learned counsel for the appellants and Sri J. K. Upadhyay, learned A.G.A. for the State.
(2.) This criminal appeal has been filed by the appellants against the judgment and order dated 10.01.2014 passed by Additional Session Judge, Court No. 3, Bijnor in S.T. No. 936 of 2011 (State of U.P. v. Suresh alias Sonu and others) arising out of Case Crime No. 239 of 2011 , P.S.- Kotwali Dehat, District-Bijnor, by which all the appellants have been convicted and sentenced to imprisonment for life and a fine of Rs. 20,000/- and in case of default in payment of fine, one year additional imprisonment under section 302/34 I.P.C., seven years imprisonment and a fine of Rs. 5,000/- and in case of default in payment of fine, three months additional imprisonment under section 201 I.P.C., six months imprisonment and a fine of Rs. 500/- and in case of default in payment of fine, 15 days additional imprisonment under section 342 I.P.C. All the sentences have been directed to run concurrently.
(3.) The prosecution story in brief is that on 28.08.2011 at about 1.10 p.m., informant Smt. Indra Devi gave a written report (Ext.Ka.1) at P.S.- Kotwali Dehat, District-Bijnor alleging therein that her son, Bheem Singh had left his home on 26.08.2011 at about 10 a.m. for Nagina from village-Dharamsha Nagli. Same day at about 5 p.m., Bheem Singh informed Sudesh by telephone that he had been trapped in village-Ibrahimpur by Smt. Shobha Devi (A2) who had called him there and asked for help. On 27.08.2011 at about 11 a.m., he sent his brother Devender Singh, relatives Udai Singh, Rajesh Kumar, Vijay, Kripal and others to village-Ibrahimpur in order to verify the information given to him by Bheem Singh. When the aforesaid people reached there, they learned that the accused namely Suresh alias Sonu (A1), his wife Smt. Shobha Devi (A2) and father-in-law Sukh Dev (A3) had murdered her son in their house and had disappeared with the dead body. They had also floated a rumour in the village that Bheem Singh who had been illegally confined by them, had succeeded in escaping from their clutches during the night.;