(1.) Heard Shri Amit Kumar Srivastava, learned counsel for the appellant, Shri L.D. Rajbhar, learned A.G.A. for the State, and Shri Rajrshi Gupta, learned counsel for the informant.
(2.) Present criminal appeal arises from the judgment and order of conviction dtd. 23/2/2019 passed by Shri P.K. Singh, learned Sessions Judge, Gautam Buddh Nagar, in Sessions Trial No. 18 of 2017 (State v. Roop Kumar) whereby the sole accused-appellant has been convicted for offence under Sec. 302 and 201 IPC.
(3.) The prosecution story emerged from the F.I.R. dtd. 7/9/2016 (Ex. Ka-3 at the trial). It was lodged pursuant to the Written Report dtd. 7/9/2016 submitted by Kushalpal (P.W.-1 at the trial), written by the scribe Amit Kumar (P.W.-12 at the trial). The said Written Report is Ex. Ka-1 at the trial. Thus, the first informant (P.W.-1) narrated that his brother Manoj Kumar (the deceased) aged about 40 years was sleeping at his house, during the intervening night of 06/7/9/2016. On 7/9/2016 at about 8:00 a.m., P.W.-1 received an information from Rana Sangram Singh Inter College (hereinafter described as 'Inter College') that the dead body of the deceased was lying outside the toilet of the Inter College. On receiving that information, P.W.-1 and others reached the Inter College and found the dead body of the deceased lying there. He noticed various injury marks on that dead body.
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