ONKAR Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal under Section 374(2) of Criminal Procedure Code has been filed by accused appellants Onkar and Uma Shankar, who have been convicted under Section 302 I.P.C. and consequently, sentenced to life imprisonment vide judgment and order dated 11.04.1983 passed by VIIIth Additional Sessions Judge, Kanpur in S.T. No. 306 of 1982 (State Vs. Onkar and others) under Section 302 I.P.C., Police Station-Chaubepur, District-Kanpur Dehat.

(2.) We have heard Mr. Satish Trivedi, Senior Advocate, assisted by Mr. Sheshadri Trivedi, learned counsel for appellants and Mr. Syed Ali Murtaza, learned Additional Government Advocate for State-respondent.

(3.) Prosecution case in brief as emerging from FIR dated 07.09.1982 as well as the material available on record may be stated as under: