RADHEY SHYAM Vs. STATE OF U P

JUDGEMENT

(1.) SURYA Prasad, J. These two connected criminal appeals are against the judgment and order dated 20-4-79 by the then learned IVth Additional Sessions Judge, Etah in Sessions Trial No. 457 of 1978 convicting the appel lants under Section 302 read with Section 34, I. P. C. and Section 201, I. P. C. and sentencing them to undergo imprisonment for life and five years Rigorous Imprisonment respectively thereunder.

(2.) THE prosecution case briefly stated is that Yogendra Upadhyaya PW 1 made a report at the police station on 6-9-77 lo the effect that his grand-father Shiv Shanker Lal was murdered in the night intervening 5/6 September, 1977 at about 1. 00 a. m. while he was living in his hut out 01 the village. His dead body was thrown into the well existing in the chak. In the morning the dead body was taken out of the well. It was found that he was murdered after several injures having been inflicted to him. THEre was bleeding on the door as well as on the cot and its bedding etc. Yogendra. Upadhyaya, PW 1 suspected the murder of his grand-father due to some enmity in respect of certain land. It was also mentioned in the First Informa tion Report that he would disclose the names of the miscreants after ascertain ing the same. On the basis of the First Information Report Ex. Ka-1 the then head Constable Janki Prasad PW 5 prepared the chick report made entry in the general diary and ultimately registered a case. After the registration of the case its investigation was entrusted to the then Sub-Inspector Om Prakash Dubey PW 6, who visited the spot and prepared the inquest report etc. regarding the dead body of Shiv Shanker Lal. He sent the dead body to the mortuary for post-mortem examination. He inspected the place of occurrence and prepared its site-plan Ex. Ka-11. He took down the statements of certain witness. On 20- 9-77 he enterrogated Stm. Kiran Devi and arrested Dinesh on 24-10-77. THE appellants, accused were arrested by the Amanpur police and sent to jail. Later on he sent blood stained cloths etc. for chemical examination.

(3.) ABRASION 1 cm. X 1 cm. situated 6 cm. above condyle of humerus left in same line.