RADHEY Vs. STATE OF U P

JUDGEMENT

(1.) BOTH these appeals have been preferred against judgment and order dated 12.6.1997 by which learned special Judge, Gorakhpur has passed or ­der of conviction against Radhey under section 302 I.P.C. and has awarded him life imprisonment. Co -accused Suresh (respondent in Cr. Appeal No. 2313 of 1997) has been acquitted of the charge under section 302 read with section 34 I.P.C.

(2.) WE have heard Sri P.C. Srivastava, learned Counsel for Radhey and Suresh and Sri A.K. Varma, learned A.G.A. and have gone through the record.

(3.) AFTER the F.LR. was lodged at the police station, investigation was started by S.I. Parsu Ram Singh Kushwaha (P.W. 6) and continued by S.I.D.P. Pathak (P.W. 5). It was concluded by S.I. Rajendra Prasad (P.W. 7), who recovered knife at the point ­ing out of Radhey in the presence of the witnesses Ram Lalit, Ram Niwas, Ramakant and Munna Kumar on 22.9.1995 at about 10.30 A.M. in the same village from beneath the culvert, extending on the eastern side to the place of occurrence. Inquest report was prepared by the first investigating officer, and the dead body was sent to the mortuary of District Hospi ­tal, Gorakhpur. Post -mortem examination was done on 13.9.95 at 5 P.M. In the opin ­ion of Doctor, the age of Bhakol Kewat (deceased) was about 50 years. Following ante -mortem injuries were found on his body: -