BHAGALOO LODH Vs. STATE OF U P

JUDGEMENT

(1.) This criminal appeal has been preferred against the judgment and order dated 28.4.2004 passed by the High Court of Judicature at Allahabad (Lucknow Bench) in Criminal Appeal No. 956 of 2002 dismissing the appeal against the judgment and order dated 12.7.2002 passed by the Sessions Court, Hardoi, in Sessions Trial No. 108 of 2000 convicting the Appellants and co-accused Bhagaloo Singh, under Sections 302/34 of Indian Penal Code, 1860 (hereinafter called as Rs. IPC) and sentencing them to undergo rigorous imprisonment for life.

(2.) Facts and circumstances giving rise to this case are that:

(3.) Shri J.P. Dhanda, learned Counsel appearing for the Appellants, has submitted that the Appellants had falsely been implicated in the case due to enmity as there had earlier been criminal cases between the parties. The FIR was lodged with a delay of 9 hours and the prosecution failed to furnish any plausible explanation for the same. Rajesh Singh (PW.1) and Devi Gulam Singh (PW.2), the alleged eye-witnesses, were very close relatives of the deceased, and thus, their testimonies cannot be relied upon safely. Prosecution failed to examine any independent witness. Thus, the appeal deserves to be allowed.