RAM LAKHAN Vs. STATE OF U P

JUDGEMENT

(1.) G. D. Dube, J. This is an appeal against the judgment and order of First Additional Sessions Judge, Banda, convicting and sentencing each of the appellants to imprisonment for life under Section 302 read with Section 149, I. P. C. It is notworthy that the Lower Court had held the appellants guilty of the offences punishable under Sections 147, 148 and 109 I. P. C. also, but no punishment was proposed under any one of these Sections. The appellants were sentenced only under Section 302 read with Section 149, I. P. C.

(2.) A report was lodged by constable Ragho Prasad of Police Station Karvi, district Banda at 1 l. 00 a. m. in the aforesaid Police Station that while on duty he reached old bus station and there he had been informed by people of the locality that the dead-body was lying near well. Hence he rushed to the spot and noticed the dead body. On enquiry, he found that the dead-body was of Deo Raj Singh. It had several gun-shot wounds.

(3.) THE prosecution examined Ragho Prasad (P. W. 1), Shri Singh (P. W. 2) Gillari (P. W. 3) and Chhabi Nath (P. W. 4 ). THE appellants had pleaded not guilty to the charges. THEy had alleged that they had been falsely implicated in this case. THEy had not produced any witness in defence. After appraisal of evidence, the learned Judge found the appellants guilty of the offences punishable under Sections 302,147,148 and 109, I. P. C.