HARI PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) APPELLANTS Har Prasad and Ram Khelawan were found guilty on the charges under Section 302/34 IPC and under Section 201 IPC vide the judgment and order dated 30-4-91 passed by the learned Sessions Judge, Sonbhadra in S. T No. 44 of 90, State v. Har Prasad and Ram Khelawan and were sentenced to un dergo life imprisonment on the charge under Section 302/34 IPC and 3 years' R. I. on the charge under Section 201 IPC. Both the sentence have been ordered to run concurrently.

(2.) THE prosecution case started on the basis of a written FIR lodged by Sri Chet Singh, s/o Shiv Narain Gaur, deceased. THE incident is said to have taken place on 4-8-90 at 6 p. m. THE report was lodged on the following day on 5-8-90 at 18. 05 p. m. THE distance of police station is37kms.

(3.) THE I. O. Sri Chandra Prakash Singh, P. W. 9 took the investigation in his hands immediately and copied the chik and G. D n*ries in the case diary. After taking police force with him, he started for the place of occurrence, where he reached in the same night. But due to want of proper light, he postponed the Panchayat-nama business for the next morning. Meanwhile, he recorded the statement of Vishwa Nath Gaur. THE investigation started at about 6 a. m. on 6-8-90. THE I. O. prepared the panchayatnama and other relevant document. THE clothes belonging to the deceased were also sealed on the spot. THEreafter, he entrusted the dead body to Constable Sri Uma Shankar Rai, PW-7, in a sealed condition. He produced the same before the Doctor in a sealed condition and identified the same.