BRAJ PAL Vs. STATE OF U P

JUDGEMENT

(1.) The applicants, Braj Pal and Kishan Lal have filed this application under Section 389 (1) of Criminal Procedure Code in Criminal Appeal No. 5851 of 2011.

(2.) Both the applicants were tried by the Special Judge SC/ST Act Budaun. The trial Court by its judgment and order dated 16th September, 2011 found both the applicants guilty under Section 302 read with Section 34 and sentenced them to life imprisonment with fine.

(3.) Briefly stated the prosecution case was that the deceased Shishupal was shot dead by the applicants and thereafter they have put his body in a plastic bag (plastic palli) and dumped the body in the field of the Bhojraj. There was a scarf around his head and there was a piece of plastic seat of a tractor on the injury of the deceased and in the trolley of the tractor a plastic bag was found stained with blood. However, the I.O. did not make those materials as? case property.