BARKAT Vs. STATE OF U P

JUDGEMENT

(1.) AMAR Saran, J. This criminal appeal from jail has been preferred against the judgment dated 1-9-2005 passed by the Sessions Judge, Siddharth Nagar convicting and sentencing the appellant Barqat to imprisonment for life under Section 302 I. P. C.

(2.) ON account of inability of the appellant to engage a Counsel, an amicus curiae Sri Dharmendra Singhal was appointed on his behalf who has been heard, and has ably assisted this Court. We have also heard the learned AGA and perused the judgment and record.

(3.) THE report was registered at P. S. Mishrauliya in the presence of PW-8 S. I. Ram Daras Yadav who was the SHO of the Police Station and a case under Section 302 I. P. C. was registered at case crime No. 83 of 2004. He commenced the investigation of the case and entered the nakal chik report in the case diary and recorded the statements of the scribe Narpati and the informant Narad. He thereafter proceeded to the spot alongwith the informant where he recorded the statements of Amrawati and made a spot inspection and prepared recovery memos of a torch of one Ramnivas and a lantern of the informant Narad, and the torch of Smt. Amrawati (Ext. Ka-8 and 9) which were given in the supurdagi of the Ramnivas and the informant on 3-3-2004. He entered the post-mortem report in the CD and after arresting the accused produced him in Court. He recorded the statement of the accused on 4-3-3004. He again visited the village Mahratha where he recorded the statement of Ramadin and prepared the Fard of the torch of this witness. He also recorded the statement of inquest witnesses Nandu, Moti and Ram Sewak. On 8-3-2004 he received the original inquest and other papers which were entered in the CD.