RAM PAT Vs. STATE OF U P

JUDGEMENT

(1.) Criminal Appeal No. 2505 of 1977 has been preferred by Rampat, convict- appellant, while the connected Criminal Appeal No, 2778 of 1977 has been preferred by Kalap Nath, convict appellant against the Judgment and order of Sri S.N. Misra, jjnd AddI. Sessions Judge, Basti dated 14.10.1977 convicting and sentencing each one of the two appellants under section 302 read with section 34 I.P.C. to imprisonment for life as well as under section 201 read with section 34 I.P.C. to 3 years R.I. Both the sentences to run concurrently.

(2.) The prosecution case is that one Musey, deceased, maternal uncle of Kalap Nath, appellant was a well to do person in his village Keo Talia. He was constructing a well in one of his fields and in that connection be along with the two appellants bad slept on powal on that well in the night between 4th and 5th June, 1976. In due course bags of cement, two balties, one Iota, one thali, one kudal were also there.

(3.) In the morning of 5.6.1976 at about 6.30 a.m. Kalap Nath, appellant, lodged an F.I.R. at Police Station Mehdawal, three miles away, briefly to the effect that in the proceeding night Musey, deceased, was murdered by three or four unknown persons when they had come to steal away the above articles from that well.