Suresh Kumar Gupta, J. - (1.) Both of these appeals have been filed questioning the legality and correctness of the order dated 21.01.2009 passed by Additional Sessions Judge., Court No. 1, Meerut convicting and sentencing the appellants and therefore, the same have been heard and are decided by means of this common order.
(2.) By these criminal appeal u/s. 374(2) CrPC appellant accused Surendra preferred the appeal against the judgement and order 21/01/2009 passed by Additional Session Judge, court no. 1, Meerut in session Trial no. 255/95 convicting and sentencing to the appellant, Surendra life imprisonment & fine of Rs.5000 in default 1 year simple imprisonment ,u/s. 302/34 I.P.C & appellant accuse Rambir was convicted under Section 120B I.P.C convicting & sentencing to the life imprisonment & fine of Rs.5000 in default 1 year simple imprisonment. Appellants accused Shiv Kumar @ Pappu & Rajveer was convicted u/s. 394 of I.P.C for 10 year rigorous imprisonment & u/s. 302 of I.P.C life imprisonment & Rs.5000 fine in default 1 year simple imprisonment.
(3.) Prosecution story in brief is that the complainant he had married his daughter Kamla rani on dated 13.5.1993 who was 20 years old to Ramveer son of Omprakash @ Mallu resident of Mahal Thana Inchauli dist. Meerut. On 8.8.1993 in evening at 4:30 pm the brother-in-law of Kamla Rani take her from his mother's home to his in laws home on scooter. After that half an hour it was informed that Kamla Rani was taken into the sugarcane field of Quasim Ali by two unknown miscreants between Village- Phlawada and Bathnor. When people of town area found the dead body of Kamla Rani in Kasim Ali's field which was on the east side of the road there were many marks of bullet injury on Kamla's face. It seems that the bullet shot were fired from very closed range & her gold hasli, silver mangalsutra & earrings were not present on the dead body but remainings two gold rings( one of them was silver ring but having a layer of gold colour) & third silver ring, silver pajib & bichue were present at her body.;