SURENDRA KUMAR VERMA Vs. STATE U.P.

JUDGEMENT

(1.) The instant Criminal Appeal has been filed by accused-appellant challenging the correctness of judgment and order dated 30th September, 1999 passed by Sri C.N. Singh, the then IVth Additional Sessions Judge, Faizabad in Sessions Trial No. 757 of 1996 whereby the appellant was convicted under sections 302, 201 IPC and sentenced to undergo imprisonment for life and three years rigorous imprisonment respectively.

(2.) Smt. Kamla Devi wife of deceased Tej Nath Verma has filed the instant Criminal Revision questioning the correctness of the said impugned judgment and order whereby respondent Nos. 1 to 3 were acquitted from the charges under sections 302 and 201 IPC and only co-accused Surendra Kumar Verma, the appellant in Criminal Appeal No. 510 of 1999 was convicted and sentenced. Since these two arise out of the same judgment and order, we find it expedient to dispose of them by a common judgment and order.

(3.) On 6th January, 1995 at 10 A.M. Ram Lot, Chaukidar gave a written report at P.S. Ibrahimpur stating therein that he was informed by some persons that body of one person bearing injuries from sharp edged weapon was lying near Shivalaya on the bank of river Saryu. He had gone there and found the dead body, necessary action be taken on this information. At that chick FIR was scribed, Case Crime No. 5 of 1995 under section 302 IPC was registered at P.S. Ibrahimpur and requisite entry was made in the report of general diary. Investigation was started, inquest proceedings were held. Near the scene of occurrence one blood stained knife was recovered. Postmortem was conducted.