RAMBABU Vs. STATE

JUDGEMENT

(1.) R. K. Rastogi, J. This is an appeal against judgment and order dated 29. 6. 1981 passed by Sri B. B. S. Chaudhary, then XIth, Addl. Sessions Judge, Kanpur in Sessions Trials No. 328 of 1979 and 298 of 1980, State v. Ram Babu and others.

(2.) THE facts relevant for disposal of this appeal are that on 2. 9. 1979 a F. I. R. was lodged by Bhajan Lal at 11. 30 P. M. at police station Kakwan district Kanpur, in which he staled that on the aforesaid date at about 8. 30 P. M. Ram Saran Bahelia came to his house from Ambari Har and told him that his brother Raj Kumar Pradhan had been murdered in Usar land between village Anayee and Sargavan and then Bhajan Lal and a large number of persons residing in village Nadiha went to that place and they saw dead body of Raj Kumar in that field of Mohan Lal Dhanuk of Sargavan. He had injuries upon his body. His cycle was lying there and another cycle and one pair of Chappals were also lying there. THEn he left his brother Raghubanshi and other persons of the village there and went to the police station and lodged the report.

(3.) GUN shot wound of entrance circular 1 cm x 1 cm. on the left arm in middle portion. Margins inverted. Blackening present around the wound.