AHJAD Vs. STATE OF U P

JUDGEMENT

(1.) U. S. Tripathi, J. This appeal has been directed against the judgment and order dated 15-6-1981 passed by IV Addl. Sessions Judge, Badaun in Session Trial No. 41 of 1980, convicting appellant Ahjad and his real brother Tahir under Section 302 read with Section 34 I. P. C. and 307 read with Section 34 I. P. C. and sentencing each of them to undergo imprisonment for life under Section 302/34 I. P. C. and R. I. for a period of seven years under Section 307/34 I. P. C. Both the sentences were ordered to run concurrently.

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

(3.) CHIRAUNJI Lal (PW 1) sent information of the occurrence to contractor Babu Ram (PW 1) who came to the spot and on the dictation of CHIRAUNJI Lal (PW 9) prepared report Ext. Ka-1 of the occurrence. Taking the report CHIRAUNJI Lal (PW 1) came to the police station Sahaswan and lodged the report at 5. 45 a. m. Chick F. I. R. Ext. Ka-4 was prepared by Head Constable Indra Pal Sharma (PW 6), who made an endorsement of the same at G. D. report Ext. Ka-5 and registered a case under Sections 302 and 307 I. P. C. against the appellants. Injured CHIRAUNJI Lal (PW 9) was sent to Primary Health Centre Sahaswan for medical examination, where he was medically examined by Dr. R. C. Arya (PW 4) who found following injuries on his person :