LALLU SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) IN this criminal appeal the three appellants Lallu Singh, Ran Bahadur and Bal Bahadur challenged the judgment dated 19.7.2006 wherein their conviction under Section 302 read with Section 34, Indian Penal Code was recorded in Sessions Trial No. 311 of 2004 decided by Additional Sessions Judge, Court No. 1, Gonda, The aforesaid trial was related with Crime No. 52 of 2004, Police Station Tarabganj, District -Gonda. All the three appellants were sentenced to life imprisonment as well as fine of Rs. 10,000 each and in default of payment of fine, to undergo Rigorous Imprisonment for a further period of 2 years. The prosecution case, in short, is as under:

(2.) AFTER leaving the dead body on the spot, informant went to police station and lodged the written report (Ext. Ka -1). The investigation was started by Dinesh Kumar Roy S.I., (P.W. 4) who reached on the spot and prepared inquest upon the corpse of deceased on 13th May, 2004 at 6.00 a.m. The post -mortem examination report (Ext. A -20) was prepared on 13.5.2004 at 4.25 p.m. by Dr. M.N. Singh (P.W. 5) and found following injuries on the person of the deceased:

(3.) THE case was committed to the Court of Sessions in due course and the appellants were charged under Section 302 read with 34, I.P.C. They pleaded not guilty to the charges and claimed to be tried.