REMESH BUX Vs. STATE OF U P

JUDGEMENT

(1.) V. Sahai, J. The appellants Ramesh Bux and Asghar Ali were convicted under Sections 302/201 and 404, Indian Penal Code and were sentenced to Life Imprisonment, four year's R. I. and three year's R. I. respectively. The sentences were directed to run concurrently. The aforesaid order was passed by Sri S. D. Rai Vlth Additional District and Sessions Judge, Barabanki in Sessions Trial No. 51 of 1978. Feeling aggrieved by their aforesaid convictions and sentences the appellants have come up in appeal before this Court.

(2.) THE prosecution case in brief, as contained in the F. I. R. lodged by Smt. Chamela wife of deceased Ram Lakhan Varma on 14-2-1974 at 8. 05 AM. at Police Station Mawai, District Barabanki the distance between the place of the incident and the aforesaid police station being three miles, is an under.

(3.) THE case was committed to the Court of Sessions against Mathura Prasad and the appellants. As stated earlier, during trial in the Court of Sessions, Mathura Prasad died. Thus only two persons namely, the appellants were convicted and sentenced. THE appel lants Ramesh and Asghar Ali were charged under Section 302i. P. C. and in the alternative under Section 302 read with Section 34 I. P. C. THEy were further charged under Section 201, I. P. C. and under Section 379 I. P. C. and in the alternative under Section 404 I. P. C. THE accused pleaded not guilty to the charges levelled against them and claimed to be tried. THEir deference was that they have been falsely implicated in the instant case by the witnesses who were associates of the deceased Ram Lakhan Varma. Both the appellants denied that any recoveries were made at their pointing out.