LAL SINGH AND ANR Vs. STATE

JUDGEMENT

(1.) Appellant Narain Singh and his brother Lal Singh have been convicted by the learned temporary Civil and Sessions Judege, Bulandshahr, on the charge of murder and Narain has been sentenced to death Under Section 302 IPC and Lal Singh to undergo imprisonment for life Under Section 302 read with Section 34 IPC. Bahori an eleven years old son of Narain Singh who too was sent up for trial Under Section 302/34 IPC was convicted by the learned Sessions Judge for an offence Under Section 352 IPC and was released after due admonition. The two brothers have come up in appeal against their conviction and sentences and the learned Sessions Judge has made a reference for the confirmation of the sentence of death inflicted on Narain.

(2.) The prosecution story may be stated briefly.

(3.) Sub-Inspector Ram Autar Tyagi (PW 9) reached the village in the evening and found the dead body of Gopali lying in the grove. He sent it for post mortem examination. He prepared a site plan of the scene and arrested Appellant Narain from his house on the next morning. The other two Appellants surrendered themselves in court on 2-5-1965.