PHOOL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) These appeals have been preferred against the judgment and order dated 16.7.2008 passed by Additional Sessions Judge/F.T.C. Court No. 2, Kaushambi in Session Trial No. 161 of 2006 (State Vs. Phul Singh and others) convicting and sentencing the appellants to undergo life imprisonment under Section 302/34 IPC and pay the fine of Rs. 50000/- each of the appellants and in default of payment of fine to further undergo six months rigorous imprisonment.

(2.) Brief facts of the case are as follows:

(3.) Complainant came back to the police station and got the FIR lodged. Although dead body was sent to mortuary in the evening but information regarding death of Mohd. Haneef was given to police chowki situated in the hospital on the next day in day time at 10.20 a.m. After that inquest was conducted and report was prepared, then postmortem of the dead body was also conducted. Meanwhile, investigation was initiated, site plan of the place of incident was made by the Investigating Officer. Motorcycle upon which deceased was riding at the time of incident was given in the custody of witness PW-4 Abrar Ahmad. After the investigation charge-sheet was submitted against all the three accused persons under Section 302/34 of IPC and charge-sheet was also submitted against Phoolchand under Section 25/27 Arms Act.