RAMU ALIAS PRABHUNATH Vs. STATE OF U P

JUDGEMENT

(1.) IMTIYAZ Murtaza, J. This jail appeal has been filed by the appellant against the judgment and order dated 28-5-2001 passed by Additional District and Sessions Judge, Court No. 7, Allahabad in S. T. No. 182 of 1999 whereby the appellant has been convicted under Section 302/34 I. P. C. and sentenced to undergo imprisonment for life.

(2.) BRIEFLY stated the prosecution case is that the appellant alongwith Nanhey went to the residence of Pappu on 2-6-1998 at about 9. 00 a. m. and thereafter all the three went to Holagarh. While they were returning in the evening by a Tempo and they reached near the village Ram Charanpura at about 7. 30 p. m. they dragged Pappu deceased from the tempo and assaulted him with fists and knife. On his alarm being raised, several persons were attracted and intervened. The accused persons threatened him and fled away from the place of occurrence. After sustaining injuries, Pappu came to P. S. Soraon and lodged an oral report at P. S. Soraon and on the basis of his information a case was registered against the appellant and co-accused Nanhey under Sections 323/324/504 and 506 I. P. C.

(3.) PAPPU was admitted in the hospital at about 1. 00 a. m. on 3-6- 1998. He succumbed to his injuries and case was converted under Section 302 I. P. C. The dead-body of PAPPU was sent for post- mortem examination.