SIDHUA Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal has been directed against the judgment and order dated 20 -4 -1981 passed by 1st Additional Sessions Judge, Banda in S.T. No. 88 of 1980 convicting the appellants under Sections 148, 302 read with Sections 149 and 201 read with 149 IPC and sentencing them to undergo R.I. for a period of one year under Section 148 IPC, imprisonment for life under Section 302 read with 149 IPC and R.I. for a period of three years under Section 201 read with 149 IPC. All the sentences were ordered to run concurrently.

(2.) THE prosecution story, briefly stated, was as under:

(3.) THE investigation of the case was taken up by Sher Singh, I.O. (P.W. 6). He interrogated Sharif (P.W. 1) at the police station and thereafter went to the place of occurrence where dead -body was lying. He appointed punches and conducted inquest of dead - body of the deceased and prepared inquest report (Ext. Ka -4) and other relevant papers Ext. Ka -7 to 10. He inspected place of occurrence and prepared site plan Ext. Ka -12. He also took into possession blood stained clothes of the deceased, blood stained and simple earth from the spot and prepared recovery memos Ext. Ka -5 and Ka -6.