RAJA BHAIYA Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Girish Vishwakarma, learned counsel for the appellant, Sri R.A. Mishra, learned AGA for the State and perused the record.

(2.) THE appellants challenge the validity and correctness of the impugned judgment and order dated 12.3.2004 passed by the Additional Sessions Judge/ Special Judge (E.C.Act), Jalaun at Orai in S.T. No. 9 of 2003, State versus Raja Bhaiya and three others under Section 302 IPC and in S.T. No. 10 of 2003, State versus Raja Bhaiya under Section 25 Arms Act convicting and sentencing appellant Raja Bhaiya under Section 302 IPC to undergo life imprisonment, appellants Pradeep and Kalloo under Sections 302 and 302/34 IPC to undergo life imprisonment and appellant Ram Saran under Section 302/34 IPC to undergo life imprisonment and further sentencing the appellant Raja Bhaiya under Section 25 Arms Act to undergo imprisonment for a period of one year. All the sentences were ordered to run concurrently.

(3.) AFTER the accused had left, the complainant and the two witnesses along with him gathered courage. They went towards the place of occurrence and found Smt. Anita wife of Raja Bhaiya lying dead. After the villagers came on hearing their call body of Manphoole was also recovered from the bushes, who had succumbed to the fire-arm injuries. According to the complainant, they had recognized the assailants in the light of torches as well as in the moon light. The complainant thereafter leaving the dead bodies in the custody of the villagers submitted a written report at Police Station Madhogarh. FIR was lodged on 23.11.2002 at 00.15 hours and case crime no. 177 of 2002, under Section 302 IPC was registered on the basis of check report.