MRS.VIJAY LAKSHMI,J. - (1.)Heard Mrs. Archana Singh, learned Amicus Curiae, for the appellant and Sri Krishna Pahal, learned Additional Advocate General assisted by Km. Meena, learned A.G.A. for the State.
(2.)This jail appeal has been filed against the judgment and order of conviction dated 31.3.2009 passed by Additional Sessions Judge/Special Judge (E.C. Act), Meerut in Sessions Trial No. 1118 of 2008 arising out of Case Crime No. 96 of 2008 under Sections 302, 201, 377 and 511 I.P.C., Police Station Lal Kurti, district Meerut whereby the appellant has been convicted and sentenced with life imprisonment and fine of Rs. 5000/- for the offence under Section 302 I.P.C. and to undergo imprisonment of three years and to pay fine of Rs. 5000/- for the offence under Section 201 I.P.C. In case of default in payment of fine, the appellant has to further undergo imprisonment of six months. All the sentences are directed to run concurrently. However, the appellant has been acquitted of the offence under Sections 377 and 511 I.P.C.
(3.)The factual matrix of case, as emanated from the evidence available on record, are that on 31.3.2008 at 11.00 A.M. an information at Police Station Lal Kurti, district Meerut was given by one Jaswant Singh (P.W. 3) about an unknown dead body, lying in naked condition inside the Nala (gutter) in front of a shop. On receiving the information, the police proceeded to the spot and found the dead body of a young boy aged about 12-13 years. The inquest proceedings were conducted and the body was sent for post-mortem. Alongwith the dead body the police also recovered one plastic rope, white polythene sheet wrapped on the dead body, 3 black pants and one T-shirt blue and black in colour, 2 pieces of foam having jute in corners, one piece of tube light and one yellow coloured piece of cloth having blood stains all over it. The photograph of the dead body was published in the newspaper, seeing which the family members of the deceased reached at the mortuary where the dead body had been kept and identified the dead body as of Suraj, son of Razia (P.W. 1). The clothes recovered with the dead body were also identified by the family members as of the deceased and of the accused/ appellant Shyam Dhanak. After post-mortem the dead body was cremated. The recovery memos of all the incriminating articles recovered with the dead body were prepared.