GAFOORA Vs. STATE OF U P

JUDGEMENT

(1.) THE aforesaid three appeals have been filed against the judgment and order of Sessions Judge, Non-Metropolitan Area, Kanpur, dated 26-11-1977 convicting the appellants Ghafoora, Sri Narain and Brijesh Kumar under section 302/120-B. IPC and 201 IPC and sentencing them there under to imprisonment for life on the first two counts and five years R. I. on the second count. Appellant Sharif was, however, convicted under section 201 IPC only and sentenced to five years' R. I. and acquitted of the charge under section 302 IPC.

(2.) THE charge against the appellants was that they had entered into a criminal conspiracy for commuting the murder of Sushil Kumar on 26-2-1974 at the shop of Brijesh Kumar and then actually committed the murder of Sushil Kumar sometime between 26th and 27th February, 1974, in Bilhaur whereafter they made attempts to disappear the evidence punishable under section 120-B, 302 and 201 IPC.

(3.) INSPITE of further search Sushil could not be found out and consequently Bisheshwar Nath lodged an FIR at Police Station Bilhaur on 27-2-1974 at 7.30 P. M., proved as Ex. ka-1. The corresponding general diary entry has been proved as Ex ka-2.