(1.) The present Criminal Appeal under Sec. 374 Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.) has been filed against the judgment and order dtd. 13/6/1986 passed by IIIrd Additional Sessions Judge, Ballia in Session Trial No. 128 of 1985, whereby the trial court convicted the appellants under Sec. 201 (Indian Penal Code herein after referred as I.P.C) and sentenced the appellant no. 1 undergo to 1 year rigorous imprisonment and appellant No. 2 undergo to 7 years rigorous imprisonment. However, the appellants are acquitted under Sec. 302 of I.P.C.
(2.) Brief facts of the case giving rise to the present appeal is that on 29/5/1985 in evening appellant no. 2 Swaminath (brother-in-law ???? of the first informant) assaulted his wife by axe, due to which (sister-in-law ??????? of the first informant) sustained injury, thereafter, the appellant no. 2 and appellant no. 1 (father-in-law of the first informant) brought sister-in-law of the first informant to hospital for treatment. But they have not returned till the lodging of the F.I.R. Later on, she heard that her sister-in-law died on the way to the hospital and the appellants threw the dead body of the sister-in-law of the first informant in the river and fled away; several persons saw the incident.
(3.) After lodging of the first information report S.I. Tarkeshwar Pandey (PW-6) started the investigation and prepared the sketch plan of place of incident (Ex.-Ka.3) and recovered the dead body; inquest report of skelton was prepared on 2/6/1985 wherein only some muscles were present in the foot and palm. After recording the statements of the prosecution witnesses, he submitted the charge-sheet against the appellants under Ss. 304, 201 of I.P.C.