RAMESH Vs. STATE OF U P

JUDGEMENT

(1.) -The above two appeals have been preferred against the judgment and order dated 26.5.1981 passed by IVth Additional Sessions Judge, Saharanpur in Sessions Trial No. 468 of 1980 convicting the appellant Ramesh under Sections 302 and 201, I.P.C. and sentencing him to undergo imprisonment for life under Section 302, I.P.C. and R.I. for a period of three years under Section 201, I.P.C. and convicting appellants Salek Chand, Pooran and Naresh under Section 201, I.P.C. and sentencing each of them to undergo R.I. for a period of three years.

(2.) THE prosecution story, briefly stated ; was as under : "Appellants Ramesh, Salek Chand, Pooran and Naresh are real brothers and sons of Shambhu Chauhan. THEy were residents of village Missarpur, P.S. Jawalpur, district Saharanpur.

(3.) INVESTIGATION of the case was taken by Sri Ram Sarup Yadav (P.W. 7). The I.O. along with police force reached village Missarpur at 8.30 a.m. He saw the dead bodies of two boys Ram Kumar and Attar Pal on the spot. He conducted inquest of the dead bodies, prepared inquest report, sealed the bodies and sent it for post-mortem. The I.O. also took into possession the clothes of the two deceased and sealed it. He inspected the place of occurrence the place where buffalos were grazing and the place of recovery of dead bodies and prepared site plan. He interrogated Dharam Singh (P.W. 1) and Kastram (P.W. 8). The I.O. searched the appellants, but they were not available. On 12.7.1980 he apprehended appellant Salek Chand. On 13.7.1980 the I.O. interrogated Jay Pal (P.W. 2), Amar Singh (P.W. 4) and Ami Chand (P.W. 5) and inspected house of appellants and prepared site plan.