RAJENDRA PRASAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) The appellant Rajendra Prasad has been convicted under S. 302 Indian Penal Code and sentenced to life imprisonment for the offence of murder of Smt. Kamala Srivastava. He challenges, in this appeal by leave, the validity of the conviction.

(2.) It was alleged that Smt. Kamala Srivastava was done to death by strangulation in the night of October 24/25, 1972. It was a murder coupled with robbery. Her ornaments were ultimately traced from pos-session of the appellant and some other accused. In the trial court ail the accused were acquitted except Ram Kumar who was convicted under section 302 with a sentence of life imprisonment. There were two appeals before the High court against the judgment of the trial court one preferred by Ram Kumar and the other by the State challenging the acquittal of Rajendra Prasad and others. The High court dismissed the appeal of Ram Kumar while allowing the State appeal only as against rajendra Prasad. The acquittt of the other accused was, however, maintained.

(3.) Before us, Rajendra Prasad is the only appellant. Ram Kumar has not appealed.