MEGHRAJ Vs. STATE O

JUDGEMENT

(1.) K. S. Rakhra and R. K. Rastogi, J. This is an appeal under section 374 (2) Cr. P. C. by appellants Meghraj, Man Singh, Damber Singh and Basdeo against the judgment and order dated 7. 3a981 passed by IX Addl. Sessions Judge, Agra in S. T. No. 147 of 1980, convicting the appellants under section 302/34 IPC and sentencing them to imprisonment for life.

(2.) THE incident relates to village Mundiapura within police circle Achchnera of district Agra where on 18. 6. 1979 Smt. Omwati, a young lady of 25 years wife of Omveer and daughter of Gangadhar P. W. I was stabbed and done to death. THE prosecution claims that the incident took place at about 1 a. m. in the night near the Chaupal of appellant Damber Singh resident of same village and the lady was killed by the present appellants. THE incident was said to have been witnessed by her brother Cha-ran Singh P. W. 2 and real uncle Gopal Singh P. W. 4. Her father Gangadhar had gone to attend some marriage in some distant village. THE information about the incident was sent to him through one Brij Pal and on the information being received, Gangadhar returned to the village and the incident was narrated to him by his brother, his son and eye-witnesses. On the basis of this, he lodged the report (Ex. ka-2) prepared by Sobaran Singh at the police station on 18. 6. 1979 at 9. 05 hours.

(3.) THE dead body of Omwati was sent for post-mortem examination through Naresh Kumar and the autopsy was performed by Dr. Laxmi Narain Sharma P. W. 8 on 19. 6. 1979 at about 4 p. m.