MUNSHI Vs. STATE OF U P

JUDGEMENT

(1.) THE three connected appeals have been filed by the four appellants Munshi, Waris, Ishaq and Shaukat against their conviction and sentence under Section 302/34 IPC to imprisonment for life and under Section 394 IPC to seven years R.I. as recorded by Sessions Judge Muzaffarnagar on 23-12-1978 in Sessions Trial No. 115 of 1978.

(2.) THE charge against the appellants was that they have committed the murder of one Hukam Singh in between the night of 7th and 8th of October, 1977 in the jungle of village-Makhiyali, near Bhopa Road, police station Nai Mandi, Muzaffarnagar, after depriving the deceased of wrist-watch and cycle.

(3.) REPORT about holding of test identification parade for the accused persons as also for the watch was forwarded by the Investigation Officer. Consequently a parade was held on 9-11-1977 which was conducted by Behari Lal PW 16. The four appellants were identified correctly by Daya Nand, PW 5 and Chatru, PW 6. Identification proceedings relating to the watch was held on 2-12-1977 which was correctly identified by PW 1, Ghamman Singh, PW 2, Ved Singh, both (brothers, and PW 3, Som Pal, son of Ved Singh. As a result of identification proceedings a charge-sheet was submitted on 16-2-1977 after due committal proceedings the trial commenced and the learned Trial Judge has recorded conviction and sentence as noted above, hence this appeal.