Umesh Kumar,J. - (1.) This appeal has been filed against the judgment and order dated 31.03.2006 passed by Special Judge (D.A.A.), Kanpur Dehat in Special Session Trial No. 102 of 2003 (State Vs. Chotay @ Pream Chandra) convicting and sentencing the appellant-Chotay @ Pream Chandra under Section 302 of IPC to undergo life imprisonment with a fine of Rs. 4000/-, and further to undergo 7 years R.I. under Section 394/411 of IPC with a fine of Rs.1000/- and to undergo 3 years R.I. under Section 376/511 of IPC with a fine of Rs. 1000/- with default stipulation. All the sentences are ordered to run concurrently.
(2.) Briefly stating the prosecution story is that on 10.08.2003, at about 5.30 P.M. Smt. Kamlesh aged about 52 year, wife of informant-Daya Shanker Dwivedi was found dead in suspicious condition in the field of Meccai, near his house, where she had gone to bring taroi and as there is no external injury on her dead body, the real cause of her death could not be ascertained. Her dead body has been brought to home from the field. This tahrir was written by one Ram Bilas, on which, the informant put his thumb impression. This tahrir is Ex.Ka-3, upon which, entry in GD No.37 at 11.45 PM was made which is exhibited as Ex.Ka-1. FIR was registered at 12.10 PM, which is Ex.Ka-2.
(3.) After completion of investigation, charge sheet Ex.Ka-14 has been submitted in the Court of Special Judge (DAA), Kanpur Dehat on 24.09.2003 by the Investigating Officer, on which, congnizance was taken and charge was framed by the Trial Court on 17.04.2004 which reads as under; I, Indrajeet Verma, Special Judge, (Dacoity Affected Area), Kanpur Dehat, charge you, Chhote alias Premchand, with the following: - Firstly, that, on 10.08.2003 at 5:30 p.m. in the maize field situated within the limits of Village - Chhoti Manoh under PS - Chaubepur, Kanpur Dehat, you, in furtherance of your common object, committed murder of Kamlesh Kanti after an unsuccessful attempt of rape on her; thereby committed such an offence that is punishable under section 302 of the IPC and is in the cognisance of this court. Secondly, that, on the aforesaid date, time and place, you, in furtherance of your common object, robbed Kamlesh Kanti of baali (a pair of ear rings) and naak ki keel (nose-pin) made of gold; thereby committed such an offence that is punishable u/s 394 IPC and is in the cognisance of this court. Thirdly, that, on aforesaid date, time and place, you, in furtherance of your common object, attempted to commit rape on Kamlesh Kanti; thereby committing such an offence that is punishable u/s 376 IPC read with section 511 and is in the cognisance of this court. Fourthly, that, on 26.08.2003 at 8:30 a.m. within the limits of Village - Chhoti Manoh, PS - Chaubepur, Kanpur Dehat, the pair of ear rings and the nose-pin, made of gold, were recovered from your possession, which you had retained to yourself knowing them to have been looted from Kamlesh Kanti on 10.08.2003; in this way, you have committed such an offence that is punishable u/s 411 IPC and is in the cognisance of this court. I, hereby, direct that you shall be tried by this court for the aforesaid offences.";