RAM SWAMP Vs. STATE

JUDGEMENT

(1.) THIS appeal has been directed against the judgment and order dated 26-2-1981 passed by Sri K. K. Srivastava, 4th Additional Sessions Judge, Fatehpur in Sessions Trial No. 326 of!980 convicting the appellant Ram Swaroop under Section 302, I. P. C. and appellants Ram Kripal and Ved Narain under Section 302 read with Section 34, I. P. C, and sen tencing each of them to undergo imprison ment for life.

(2.) THE prosecution story, briefly nar rated, was that Deo Raj Singh' (27) deceased was real brother of Dharam Pal Singh (P. W. 1) and was resident of village Sidhaon, PS. Lalaulli, district Fatehpur. One Chunwad of the said village was mur dered and Deo Raj Singh and Dharam Pal Singh (P. W. 1) were accused in the said murder case. THEy were released on bail in the said murder case on 9-3-1979. Appel lants Ram Swaroop, Ram Kripal and Ved Narain were friends of said Chunwad and wanted to take revenge from Deo Raj Singh deceased.

(3.) INVESTIGATION of the case was taken up by Sri Yadu Nath Dwivedi (P. W. 5), S. H. O. P. S. Lalaulli, who reached the spot, appointed punchas, conducted inquest of the dead body of the deceased, prepared inquest report (Ext. Ka-5), sealed the dead body and handed over to constable Virendra Singh and Chaukidar Sukh Lal (P. W 6) for escorting the same to mortuary. Thereafter he interrogated Dharam Pal Singh (P. W 1), Ram Pratap (P. W 2) and Babu Lal. The I. O. inspected the place of occurrence and prepared site plan (Ext. Ka-9 ). He also took into possession blood stained earth from the spot and prepared recovery memo. The I. O. inspected the torch of Ram Pratap (P. W 2) and gave it in his supurdigi.