GANGA SAHAI Vs. STATE

JUDGEMENT

(1.) A. B. Srivastava, J. Appellants Ganga Sahai and Panna Lal have preferred this appeal against a judgment and order dated 25-1-1980 of the IV Additional Sessions Judge, hiah, convicting both of them of the offences under Sections 364 and 302/34 of the Indian Penal Code and sentencing to R. I. for 10 years and imprisonment for life respectively, direning both the sentences to run concurrently. By the same judgment one of their co-accused Rajendra Singh was acquitted.

(2.) THE prosecution story, in brief, is that non-appellant accused Rajendra Singh was inimical to deceased Brij Pal, son of Anand Singh, resident of Village Dharpasi, P. S. Marhara, District Etah, on account of a quarrel which took place between them during voting in the elections a few months ago. Accused appellants Ganga Sahai and Panna Lal who are real brothers, had also a grudge against the deceased in so far as they suspected him of having stolen their buffaloes.

(3.) THE investigation of the case was taken up by PW-11 S. I. Gautam Singh who claims to have recorded the statement of injured Brij Pal at 3. 13 a. m. on 26. 3. 1978. THE said statement, copy of which is Ex. Ka 6 has been relied on by the prosecution as dying declaration of the deceased.