JAG RAM Vs. STATE

JUDGEMENT

(1.) HEARD learned counsel for the parties and perused the record.

(2.) THE present criminal appeal has been filed on behalf of Jag Ram son of Bhawani Deen and Ganga Ram son of Khalbal resident of Village Padhori, P.S. Maudaha, District Hamirpur against the judgment and order of conviction dated 11.10.1982 passed by Sri H. L. Kureel, III, Additional Sessions Judge, Hamirpur in S.T. No.294 of 1980 convicting the appellants under section 302/34 IPC and sentencing them for life imprisonment.

(3.) LEARNED counsel for the appellant further submitted that according to post-mortem report pasty food was found, in the intestine, faecal matter and gases were present hence these circumstances shows that he left Hamirpur early in the morning after taking light breakfast, and before he eased himself incident took place. The informant could not tell the name of those Kewat, who reached on the spot after hearing his cry, the number of the bus, the exact fair and the name of the shop keeper from where the petromax was taken. The distance of the place of incident was more then 2 km. According to P.W. 2 the information was passed on by, who were residing near the place of incident to the next persons and they further communicated to the next villagers residing there and subsequently, it was communicated at the village of the informant. There was river in between the place of incident and village of the informant hence there are contradictions in the statement of both the witnesses and version of the FIR. There is a contradiction regarding weapon of assault and use of weapon with the post-mortem report.