BRIJ KISHORE Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal has been preferred from Jail by Brij Kishore against the judgment and order dated 12th Oct., 1999 passed by the IV Additional Sessions Judge, Deoria in Sessions Trial No. 68 of 1997 whereby he has been convicted and sentenced to undergo imprisonment for life for the offence punishable under Sec. 302, Indian Penal Code Shortly stated the prosecution case runs as, under:

(2.) The evidence of S.I. Virendra Kumar Mishra (P.W. 5) shows that on 25.7.1996 the informant Awadhesh Kumar Singh (P.W. 1) came to Police Station Lar and lodged his F.I.R. averring therein the facts mentioned in paragraph 1. His evidence shows that on the basis of the F.I.R. Head Moharrir Rana Pratap Singh who he had seen writing and signing, registered a case against the appellant. Thereafter S.I. Virendra Kumar Singh proceeded to the place of the incident where he found the dead body of Ranjit and Basanti Devi lying inside the house of the appellant and the appellant present. By the side of the dead-body of Ranjit a gandasa was lying. He performed the inquest on the corpse of the deceased persons and thereafter sent them for autopsy and seized the Gandasa under a recovery memo. He then recorded the statement of eye-witnesses Ram Singar, Smt. Jaduranni and Atal Kumar Singh, the son of the deceased and thereafter prepared the site-plan, he then recorded the statement of the appellant and lodged him at the hawalat of the Police Station. On 25th July, 1996 he recorded the statement of Sunesara and eye-witness Gopal. On 8th Aug., 1996 he sent blood stained earth and Gandasa to the Chemical Analyst. On 31st July, 1996 he received the report of Chemical Analyst. On 8th Aug., 1996 he submitted charge-sheet against the appellant.

(3.) Going backwards, the autopsy on the corpse of the deceased Ranjit and Basanti Devi was conducted on 26.7.1996 at 3 P.M. and 3.30 P.M. respectively by Dr. R.P. Pandey (P.W. 4). On the person of Ranjit Dr. Pandey found the following ante-mortem injuries: