MUNNA LAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THE CHALLENGE : These two criminal appeals, arising out of the same occurrence, call in question the judgment and order of the High Court of Judicature at Allahabad dtd. 9/7/2014 dismissing Criminal Appeal No.539 of 1986 [being an appeal under sec. 374(2) of the Code of Criminal Procedure (hereafter "Cr. P.C.", for short)] carried by the appellants from the judgment and order dtd. 29/1/1986 of the Court of IInd Additional Sessions Judge, Shahjahanpur, Uttar Pradesh, in S.T. No.499 of 1985.

(2.) Narayan, father of Ram Vilas, was murdered in the morning of 5/9/1985 round about 10.00 hours. A written complaint was lodged soon thereafter, at about 12.10 hours, by Ram Vilas leading to registration of an F.I.R. under sec. 302 of the Indian Penal Code (hereafter "IPC", for short). One Dr. Mohd. Hanif Khan was the scribe of the said FIR. Munna Lal, Sheo Lal, Babu Ram, and Kalika were accused of committing such murder.

(3.) Consequent upon registration of the F.I.R., Shailendra Bahadur Chandra, the Station Police Officer of Police Station Tilhar (who was also the Investigating Officer) proceeded to the place of occurrence, along with Ram Pal Sagar, S.I., and Udham Singh, constable. Inquest had been conducted by Ram Pal Sagar in course whereof a bullet was recovered at the place of occurrence from the blood oozing out from one of the injuries suffered by Narayan.