STATE OF U P Vs. RADHEY

JUDGEMENT

(1.) VIJAY Kumar Verma, J. Challenge in this government appeal is to the judgment and order dated 21. 12. 1981, passed by Sri K. K. Verma, the then 2nd Additional Sessions Judge Farrukhabad, in S. T. No. 287 of 1980, whereby the respondents-accused Radhey Shyam, Sudama and Komil have been acquitted of the offence punishable under section 302 read with section 34 IPC in case Crime No. 101/80 of P. S. Kayamganj, District Farrukhabad.

(2.) RESPONDENT-accused Komil has died during pendency of the appeal. Hence, the appeal against him has been abated vide order dated 20. 7. 2005.

(3.) INVESTIGATION was entrusted to S. I. Santosh Kumar Dubey (P. W. 5), who conducted inquest proceedings on the dead body, which was kept out side P. S%. Kayamganj. After preparing inquest report (Ext. Ka-5) and connected papers (Ext. Ka-6 to Ext. Ka-9), the dead body in sealed condition was sent for post-mortem examination through constables Mahavir and Balver Singh (P. W. 6 ).