RAM DAYAL Vs. STATE

JUDGEMENT

(1.) Heard Sri Shashwat Shukla, learned counsel for the appellant, Sri Awadesh Narayan Mulla, Sri Saghir Ahmad, Kumari Meena, learned AGAs and Smt. Manju Thakur, brief holder for the State.

(2.) This appeal has been preferred by appellant no.1, Ram Dayal and appellant no.2, Bhanu Pratap against the judgement and order dated 21.08.1989 passed by 1st Additional Sessions Judge, Allahabad in S.T. No. 302 of 1988, State Vs. Ram Dayal and Another, u/s 302 I.P.C. r/w Sec. 34 I.P.C., P.S.- Mohabbatpur Painsa, District- Allahabad.

(3.) The brief facts of the case are that on the basis of written report (Ext.Ka.1) lodged by informant Shiv Sahai at P.S.- Mohabbatpur Painsa, District- Allahabad on 28.12.1987 at about 10:35 A.M. in respect of an incident which had taken place on 28.12.1987 at about 8 A.M. Case Crime No. 84 of 1987 u/s 302 I.P.C was registered against A1 Ram Dayal and A2 Bhanu Pratap u/s 302 I.P.C. Check F.I.R. (Ext.Ka.3) and the relevant G.D. Entry were also prepared.