(1.) This criminal appeal under Section 374(2) Cr.P.C. has been filed by the accused persons Satnam Singh and Jasveer Singh alias Minna against the judgment and order dated 12.3.1986 passed by IInd Additional Sessions Judge, Rampur in Sessions Trial No. 135 of 1983 and connected Sessions Trial No. 144 of 1983 whereby they have been convicted under Section 302/34 I.P.C. and has been sentenced for life imprisonment. They have further been convicted under Section 394 I.P.C. and sentenced to five years rigorous imprisonment. They have further been convicted under Section 411 I.P.C. and sentenced for two years rigorous imprisonment. All the sentences were directed to run concurrently.
(2.) The brief facts as relevant for disposal of this appeal are that the F.I.R. in this case was lodged by one Rajendra Prasad son of Jhandumal Goyal, resident of Village Dandia Paigambarpur, Police Station Bilaspur, District Rampur on 18.1.1983 who is the relative of the deceased Moti Ram and Suresh Kumar. It is stated in the F.I.R. that the complainant was informed at his shop by servant of Moti Ram namely Banwari Lal. At about 5.00 P.M. he told that Moti Ram and his son Suresh Kumar had gone Rudrapur yesterday on Rajdoot motorcycle. The school going children have seen their dead bodies in sugar cane field near village Dalaki and both the persons are lying dead in the said sugar cane field. They are having injuries on their bodies and it appears that they have been killed. Their motorcycle No. USI 5978 is also missing.
(3.) On the basis of the written complaint, chik F.I.R. was prepared. The Investigating Officer Sri Mahak Singh visited the place of occurrence, prepared the site plan of the place of occurrence, inquest reports of the dead bodies of the deceased persons were prepared and their bodies were sent for postmortem. From the spot, one pair of shoe of the deceased Moti Ram one pair of sock, Rs.25/-, one packet Biri and match box, one cap, bloodstained soil and plain soil were collected. He further took in possession one cap, one pair sock, one pair sock, one ring, one Mafler and bloodstained soil and plain soil from the spot of the deceased Suresh Kumar.