ISHWARI Vs. STATE OF U P

JUDGEMENT

(1.) MUKTESHWAR Prasad, J. This Criminal appeal by accused Ishwari and Manglee has been filed against the judgment and order 5- 12-1981 passed by Sri K. S. Rakhra, the then Additional Sessions Judge, Orai in S. T. No. 112 of 1981 whereby he convicted Manglee under Section 304 (Part II) IPC and sentenced to suffer rigorous imprisonment for a period of five years and to pay a fine of Rs. 1,000/- Accused Ishwari was convicted under Section 304 (Part II) read with Section 34 IPC and sentenced to suffer rigorous imprisonment for a period of five years and to pay a fine of Rs. 1,000/ -. In default of payment of fine they were ordered to undergo further rigorous imprisonment for a period of six months.

(2.) BRIEFLY stated, the prosecution story is as under.

(3.) AFTER registration of the case at the police station at crime No. 90, investigation was taken up by P. W. 4 S. I. Raisul Haque. He took up investigation, interrogated the informant and left the police station for the place of occurrence. He prepared inquest report and other papers and sent the dead body to Orai for post- mortem examination. Next morning, he inspected the scene of incident and prepared site- plan.