LAWS(ALL)-2015-4-265

ATTAR SINGH Vs. STATE OF U.P.

Decided On April 16, 2015
ATTAR SINGH Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) The present criminal appeal is directed against the judgement and order dated 21.12.1982 passed by learned Sessions Judge, Farrukhabad in Sessions Trial No.136 of 1982 pertaining to Case Crime No. 15 of 1981 whereby the appellant was convicted and sentenced under Sections 302 Indian Penal Code (herein after referred to as I.P.C.) to suffer rigorous imprisonment for life. The trial Court after scanning the evidence and material on record had acquitted the co-accused Sokhay Lal for the charge under Section 302/34 I.P.C. but there is no appeal against acquittal.

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

(3.) Due to fear, witnesses present there did not try to overpower them. When accused persons went on, they went on the roof and found the dead bodies of the deceased, namely, Rameshwar Dayal Lodhi and Smt. Kamla lying on the roof in pool of blood. Their skulls were found badly broken (fractured). The copious blood was also found there. It has also been mentioned that the first information report (herein after referred to as the F.I.R.) is being sent through Deshraj and informant can recognize the accused persons if they appear before him.