BHUPENDRA PRATAP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal under Section 374 Cr.P.C. has been filed by appellants Bhupendra Pratap Singh and Dhirendra Pratap Singh against the judgment and order dated 01.01.1990 passed by the VIth Additional Sessions Judge, Allahabad in Sessions Trial No. 63 of 1989. The appellants have been convicted of an offence under Section 302 read with 34 IPC and have been sentenced to undergo life imprisonment.

(2.) THE prosecution story, as is borne out from the records, is as follows:

(3.) ON the basis of the first information report a case under Section 302 IPC was registered against the accused. Sub Inspector Israr Ahmad prepared the Panchnama of the dead body and forwarded the same for postmortem. He also recovered a cycle along with Thaila (bag) and a pair of Chappal from the spot. The cycle, on which Jagdish was travelling, was also recovered from the spot. Site plan was prepared, which was marked as Exhibit -Ka -11d. Postmortem of the dead body of Jagdish Kumar was conducted on 24.04.1984 by Dr. Udai Shankar Singh. The investigation was completed by Sri Prem Prakash, the then Station House Officer, Sarai Inayat, who submitted the charge -sheet against the accused.