BRIJENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order dated 20.10.1982 passed by the 3rd Additional Sessions Judge, Hamirpur in S.T.No.171 of 1979 through which he convicted all the five appellants under Sections 302 read with 149 IPC and sentenced each of them to undergo rigorous imprisonment for life. They were further convicted and sentenced to undergo two years' rigorous imprisonment under Section 148 IPC.

(2.) THE appellant No.5, Luliya has died during the pendency of this appeal and the appeal stood abated against him on 18.5.2010.

(3.) AFTER lodging of the FIR the matter was investigated by the investigating officer. The dead body of the deceased was sent for post mortem after completing the inquest report.A charge sheet was filed and the case was committed to the Court of Sessions. All the appellants were charged for the offences punishable under Sections 148, 302, 149 IPC. They pleaded not guilty. The prosecution examined PW-1 Hindupat, the complainant, PW-2 Constable Balwant Singh, PW-3, Constable Shamshad Ahmad, PW-4 Constable Shiv Kumar Gupta, PW-5, Har Kishan, PW-6, Vishwanath, PW-7, Dr. A.K.Srivastava, PW-8, Manna Singh & PW-9 Rajendra Prasad Tiwari, the investigating officer of the case. PW-7 Dr.A.K.Srivastava conducted the post mortem and prepared the post mortem report. PW-1,Hindupat, PW-5, Har Kishan and PW-6 Vishwanath are the witnesses of facts. Rest of the witnesses are of formal nature.