RAM KISHORE Vs. STATE

JUDGEMENT

(1.) Heard Sri Lallu Singh and Rahul Mishra, learned counsel for the appellants and Sri Rajiv Kumar Rai, learned A.G.A. for the State and perused the record. By way of the instant appeal challenge has been made to the authenticity and veracity of the judgment and order of conviction dated 19.8.1993 passed by the IV Additional Sessions Judge, Fatehpur in S.T. No. 403 of 1992 State Versus Ram Kishore and others under sections 302/34 I.P.C. whereby the appellants have been convicted under sections 302/34 I.P.C. and sentenced to imprisonment for life in the first count. In the second count convicted and sentenced under section 201 I.P.C. for five years rigorous imprisonment. Both the sentences have been directed to run concurrently.

(2.) The facts relevant for adjudication of this appeal as gathered from the record, appear to be that some written report was presented by the informant Ram Saran, scribed by one Kishori Lal Pradhan addressed to the Station House Officer of Police Station Husainganj district Fatehpur with the allegations that the informant is the resident of village Latikpur within the police station Thariyon. The informant's brother Goverdhan had lent Rs. 500/- to Ram Kishore son of Maiku Lodh and on demand being raised for paying back the money, it was refused and dilly dallying tactic was adopted for the last for months. It so happened that Kishori Lal began to reside in village Kazipur within the police station Husainganj with his brother-in-law(Sarhu) Chheddu and used to visit his village occasionally. It was on Saturday 24th August, 1991, the informant's brother Goverdhan raised demand for the money whereupon his brother( Ram Kishore), Ram Kripal asked Goverdhan to accompany them to Kazipur where the money will be given to him, whereupon, the two brothers departed in the company with the deceased. When the deceased did not return, inquiry was made at Kazipur also, besides being made at several places but no trace of the deceased was made. While the process of search was on, the dead body of the informant's brother was found/traced in the western side lake of the village Hasanapur. Information of the same was given at the police station. It is gathered from the record that this written report was received at P.S. Husainganj at 3.30 p.m. and relevant note of the same entered in the G.D. Rapat No. 22 at 3.30 P.M. on 28.8.1991. The investigation ensued and the same was entrusted to the Investigating Officer R.B.Singh,the S.O. who after lodging of the report proceeded to the spot and prepared the inquest report and also prepared the relevant papers for sending the dead body for post mortem examination.

(3.) Dr. S.S. Banarjee, P.W. 4 conducted the autopsy on the cadaver of the deceased on 24.8.1991 at 3.00 P.M. The dead body was identified by Constable Ram Sukh and Constable Rajendra Prasad. Following ante mortem injuries were noted at the time of examination by the doctor on the cadaver of the deceased.