REGENT COMPUTRONICS PVT. LTD.

VAIBHAV JAIN Appellant

V/S

STATE OF U.P. Respondents

Referred Judgements :-

JUDGEMENT

(1.) These four connected criminal appeals arise out of a common judgement and order dated 09.11.2006 passed by Special Judge (E. C. Act)/ Additional Sessions Judge, Rampur in Sessions Trial No. 76 of 2005 (State Vs. Vaibhav Jain and four others) under Sections 364, 302, 201, 120B and 427 I.P.C., P.S.-Bilaspur, District-Rampur arising out of Case Crime No. 315 of 2004 under Sections 302, 201, 427 I.P.C. P.S.-Bilaspur, District-Rampur whereby four of the accused namely Vaibhav Jain, Kaushal Kishore Jain, Suresh Pal and Rajendra Vohra have been held guilty of the charges framed against them, whereas the fifth accused namely Sadab has been acquitted. Accordingly aforesaid four accused have been convicted and sentenced under Section 302 I.P.C. readwith Section 149 I.P.C. They have, therefore, been sentenced to life imprisonment alongwith fine of Rs.5000/- each. In case of default in payment of fine as noted above, each of four accused are to undergo one year additional rigorous imprisonment. Aforesaid four accused have also been convicted under Section 120B I.P.C. As such, they have been sentenced to life imprisonment alongwith fine of Rs.5000/- each. On failure to pay aforesaid amount of fine, they are to undergo one year additional rigorous imprisonment. The above noted four accused have further been convicted under Section 364 I.P.C. As such they have been sentenced to life imprisonment alongwith fine of Rs.5000/- each. On failure to deposit above mentioned amount of fine, they are to undergo one year additional rigorous imprisonment. Above named four accused have further been convicted under Section 201 I.P.C. Accordingly, they have been sentenced to two years imprisonment alongwith fine of Rs.1000/ each. In case of default in payment of fine, above mentioned four accused are to further undergo additional imprisonment of three months each. Lastly, above-noted four accused have been convicted under Section 427 I.P.C. and consequently, sentenced to six months rigorous imprisonment. All the sentences are to run concurrently. It may be noticed here that State has not filed any appeal against acquittal granted by Court below to accused, Sadaf.

(2.) We have heard Mr. Sushil Shukla, learned counsel for accused-appellants-Vaibhav Jain and Kaushal Kishore Jain in Criminal Appeals No. 7957 of 2006 and 7044 of 2006 respectively, Mr. Abhishek Mishra learned Amicus Curiae for accused-appellant Rajendra Vohra in Criminal Appeal No. 106 of 2007, Mr. Amit Saxena, learned A.G.A. for State and Mr. K.M. Tripathi, learned counsel for complainant. No one appeared on behalf of accused-appellant Suresh Pal in Criminal Appeal No. 106 of 2007, even upon revision of cause list, though names of Mr. Vishnu Kumar, Mr. K. K. Mishra, Mr. Subhash Chandra Pandey and Mr. Awadesh Kumar Srivastava are duly published in cause list as counsel for aforesaid accused-appellant.

(3.) Prosecution of all the accused was set in motion when P.W.-1, Abhay Kumar Goyal, submitted a written report dated 07.05.2004 (Ext. Ka.-1) at Police Station-Kotwali Bilaspur, District-Rampur regarding death of his brother, Sanjeev Kumar Goyal (deceased) in mysterious circumstances. Aforesaid written report was entered in General Diary of Police Station-Kotwali Bilaspur on 07.05.2004 at 9:35 am by P.W.-7 C-256 Om Prakash. Thereafter P.W.-7 scribed check F.I.R. dated 07.05.2004 (Ext. Ka.-61) which was registered as Case Crime No. 315 of 2005 under Sections 302, 201, 427 I.P.C. P.S.-Bilaspur District-Rampur.

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VAIBHAV JAIN Vs. STATE OF U.P.

Referred Judgements :-

JUDGEMENT

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