DWARIKA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) THE present appeal arises out of the judgment and order dated 24 -10 -81 passed by Sri K.K. Srivastava, IV Additional Sessions Judge, Fatehpur in S.T. No. 549 of 1980, convicting the appellants Dwarika Prasad and Ramadhar Pandey under Section 302 I.P.C. read with Section 34 I.P.C. and sentencing them thereunder to life imprisonment. Both the appellants were further convicted under Section 201 I.P.C. and sentenced to undergo five years' R.I. Both the sentences were ordered to run concurrently. Both the accused appellants are real brothers.

(2.) AT the outset, it is made clear that in the above noted case F.I.R. lodged by the complainant P.W. 5 Babu Lal was not accepted by the police. He had to make an application to Superintendent of Police and in that application which is Ex Ka -2 he, inter alia, stated that he had given the threatening letter of his son -in -law (accused Ramadhar Pandey) dated 16th June received by him on 29th June to the Investigating Officer on 13th July, 1980 which purposely he did not place on record and this prejudiced the prosecution case.

(3.) THE post -mortem examination on the dead body of Smt. Chanda Devi was done by P.W. 4 Dr. J.S. Rai, on 12 -7 -80 at 2.30 p.m. He assessed the age of the deceased about 22 years and found that about 1 -1/2 days had passed since she died. He found the following ante mortem injuries on her body: