RAM KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -This appeal under Section 374 (2) of the Code of Criminal Procedure (in short 'the Cr. P.C.'), has been preferred against the judgment and order dated 10.12.1982, passed by the Special Judge/Additional Sessions Judge, Fatehpur in S.T. No. 130 of 1982, whereby the appellants Ram Kumar Singh, Danki Singh and Kallu Singh (hereinafter referred to as 'the accused') have been convicted and sentenced to imprisonment for life under Section 302 read with Section 34 of Indian Penal Code (in short 'the I.P.C.').

(2.) DURING pendency of the appeal, the appellant Danki Singh has died and hence the appeal has been abated against him.

(3.) S.I. R. K. Shukla (P.W. 5) was posted as Station Officer at P. S. Asothar. The case was registered in his presence. He himself took up the investigation and after recording the statement of constable moharrir Ram Autar Singh Bhadauria and complainant Chandra Pal Singh at the police station itself, proceeded to the place of incident accompanied by S.I. R. N. Yadav, constables Pancham Giri, Shiv Shankar Tiwari and Shiv Narayan Tiwari. After reaching the place of incident, inquest proceeding on the dead body of Ram Saran was conducted on 27.8.1981 in between 11.45 a.m. to 1.30 p.m., during which inquest report Ext. Ka-4, and connected papers Ext. Ka-5 to Ext. Ka-9 were prepared by him (P.W. 5) and thereafter the dead body in sealed condition was sent for post mortem examination through the constable Shyam Narain Tiwari and village chaukidar Nabbu Singh.