RAJ BAHADUR Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. The two real brothers, namely, Raj Bahadur and Jagdish Prasad have preferred this appeal against the judgment and order dated 28-8-1997 passed by Sri K. Z. Khan, the then I Additional Sessions Judge, Sahjahanpur in Sessions Trial No. 314 of 1996. Each of them has been convicted under Section 302 read with Section 34 I. P. C. and sentenced to life imprisonment. It is an expedited appeal.

(2.) THE incident took place on 22-10-1995 at about 4. 30 p. m. in village Sitapur within the Police Station Khutar, District Sahjahanpur and the F. I. R. was lodged the same day at 6. 30 p. m. by an eyewitness Ram Chandra PW 1 (father of the deceased Pradeep Kumar ). THE distance of police station from the place of incident was about 7 kms. THE prosecution case surfacing at the trial was as follows:

(3.) ON 23-10-1995 the first Investigating Officer had recovered one empty cartridge of 12 bore & Anr. of 315 bore from the spot. The same were sealed by him. The blood stained and simple earth were also collected by him from the spot. The second Investigating Officer Nawab Singh had arrested the accused appellants on 24-10-1995. The licensed D. B. B. L. gun of 12 bore was recovered from the possession of Raj Bahadur and licensed rifle of 315 bore from the possession of Jagdish Prasad. They were sent for scientific examination and for comparison with the empty cartridges recovered by the first Investigating Officer from the spot.