PRAKASH Vs. STATE OF U.P.

JUDGEMENT

(1.) Mr. Vaibhav Kalia, learned amicus curiae for the appellant, Ms. Ruhi Siddiqui, learned A.G.A. for the State were heard.

(2.) Under challenge in this appeal is the judgment and order dated 13.10.2003 passed by learned Additional Sessions Judge, Court No. 7, Barabanki in Sessions Trial No. 307 of 2002, arising out of Case Crime No. 39 of 2002, under Sec. 302 I.P.C., Police Station Fatehpur, District Barabanki whereby appellant Prakash was convicted for the offence under Sec. 302 I.P.C. and was sentenced with imprisonment for life and also with fine of Rs. 4,000/ - with default stipulation of six months additional imprisonment.

(3.) In brief the case of the prosecution was that on 3.2.2002 complainant Harbansh Kumar submitted a written report at Police Station Fatehpur, district Barabanki alleging therein that on 2.2.2002 Pitamber (deceased) son of Lallu of his village had gone to harvest "Tin" towards south of the village along with appellant Prakash but he did not come back. In the morning, a search was made then the dead body of Pitamber was found in the river. Thereafter the complainant leaving the dead body in the custody of his family members went to lodge the F.I.R. On this report, case was registered and investigation proceeded. Thereafter inquest proceedings were conducted and the dead body was sent for postmortem. The postmortem on the body of deceased was conducted on 4.2.2002 at 3:30 p.m. Duration of the death was about one and a half day.