KAMAL NARAIN Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. Three persons, namely, Kamal Narain, Sharad Kumar alias Bhaiyan and Virendra Kumar alias Vimal Kumar were tried before the Sessions Judge, Lalitpur in Sessions Trial No. 21 of 1980. Out of them, Kamal Narain came to be convicted under Sections 302 and 201 IPC with a sentence of life imprisonment for the former offence and three years' rigorous imprisonment for the latter. Both the sentences were ordered to run concurrently. The remaining two accused were acquitted for want of evidence.

(2.) IT was one Brij Behari who was murdered in this incident which took place on 16-10-1978 at about 8 p. m. in Mohalla Chhatrashalpura, P. S. Kotwali, District Lalitpur. The report was made by Radhika Prasad Dixit PW 5 at 9. 30 a. m. on 7-10-1978.

(3.) RADHIKA Prasad Dixit PW 5, a brother of the deceased Brij Behari received an anonymous telephone at his residential house in Talbehat at about 11. 30 p. m. on 16-10-1978 asking him to immediately reach Lalitpur. He reached Lalitpur at 1 O'clock in the night to be informed by the wife of Brij Behari about her husband (brother of this witness) having been shot dead inside the house of Ram Sahai Tiwari. RADHIKA Prasad Dixit also prepared a report in connection with this murder and lodged the same at Police Station Kotwali on 17-10-1978 at 9. 30 a. m.