JAGESHWAR Vs. STATE

JUDGEMENT

(1.) THIS Criminal Appeal has been preferred by the appellants Jageshwar and Daya Ram against the judgment and order dated 8.9.1982 passed by Vth Additional Sessions Judge, Fatehpur in S. T. No. 380 of 1981 (State Vs. Jageshwar and others) pertaining to crime No. 110 of 1981, under Sections 302/120 -B of the Indian Penal Code (in short "the IPC"), Police Station Kotwali, district Fatehpur whereby the accused appellants have been convicted under Section 302/34 IPC and sentenced to undergo for life imprisonment. Co - accused Ram Lakhan has been acquitted by the trial court.

(2.) THE prosecution story, in nutshell, is as follows: -

(3.) ON the basis of Ex. Ka -15, the written report, F.I.R. was lodged at police station concerned on 6.3.1981 at 9.15 A.M. against the accused appellant Jageshwar and Daya Ram under Section 302 IPC and the investigation was entrusted to Sub Inspector K. P. Tripathi (P.W. -6). The chick F.I.R. is Ex. Ka -15. The G.D. Entry was also made at the same time which is Ex. Ka -16. Investigating Officer reached on the spot and prepared the inquest report (Ex. Ka -4). He had also prepared the photo nash (Ex. Ka -8); Form No. 13 (Ex. Ka -9); letter to police station Kotwali, Fatehpur (Ex. Ka -10); sample seal (Ex. Ka -11) and also other police papers. Investigating Officer had also recovered hair said to be of the accused persons from both the palm and near the neck on the cot of the deceased and prepared memo (Ext. Ka. -7). Dead body was also kept in sealed cover preparing the sample seal (Ex. Ka -11) and was dispatched to the mortuary for post mortem through constables CP 18 Arjun Prasad and Constable CP 27 Sheo Shankar Lal, Police Station Kotwali, Fatehpur.