LAWS(ALL)-2014-8-402

SURESH PAL SINGH Vs. STATE OF U P

Decided On August 29, 2014
SURESH PAL SINGH Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

(1.) CHALLENGE in this appeal is to the Judgment and order dated 10.12.1993 passed by the IV Additional Sessions Judge, Budaun in ST No. 324 of 1990, State Vs. Suresh Pal Singh, Police Station Hazratpur, Distruct Budaun whereby the appellant was convicted under Section 302 I.P.C. and sentenced to undergo imprisonment for life and further was directed to pay fine of Rs.5,000/ - with default stipulation.

(2.) THE prosecution story in nutshell is that the watchman of the village Bakhtpur lodged an oral report at the police station mentioning that his name was Banwari Singh, his father's name was Kallu and he was resident of Bakhtpur, Police Station Hazratpur, District Budaun. It was further alleged that at the previous night at about 11.30 p.m., Jagat Singh son of Sher Singh, who was lying inside the house, was shot dead by someone. His dead body was lying in the house and his children were near his dead -body, hence, legal action may be taken.

(3.) AFTER the report was lodged, the police came into action. This report was lodged at 7.30 a.m. on 28.7.1987 and on the basis of oral complaint, a case was registered and investigation was entrusted to S.I. S.N. Mishra.