JOGESHWAR AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) THESE two appeals by Bihari Lal and Jogeshwar challenge their conviction by the impugned judgment dated 19th November, 1999 for murder of Parmanand in the intervening night between 23rd and 24th March, 1997. The said judgment arises out of charge -sheet filed by the police in FIR No. 225/1997 registered at Police Station Paschim Vihar.

(2.) BY order on sentence dated 20th November, 1999, the two appellants have been sentenced to imprisonment for life, fine of Rs. 10,000/ - each and in default of payment of fine, to undergo rigorous imprisonment for six months. Section 428 of the Code of Criminal Procedure Code, 1973 (Cr.P.C., for short) would apply.

(3.) SI Ratan Singh (PW -17) has similarly deposed that he was handed over DD No. 9B for investigation and had seen the dead body of a young man lying in a pool of blood on the patri of the ganda nala. Inspector Jai Singh (PW18), Police Station Paschim Vihar, who had reached the spot on getting information, has similarly deposed that a dead body of an unidentified male was lying on the footpath in a pool of blood, which had dried. The dead body had injuries on the neck caused by a sharp -edged weapon. PW -18 has testified that the dead body was identified by Ramanand (PW -7) to be that of his younger brother Parmanand. We shall be referring to the testimony of Ramanand (PW -7) subsequently.