RAM ADHAR Vs. STATE OF U.P.

JUDGEMENT

(1.) CHALLENGE in this appeal preferred under section 374 (2) of the Code of Criminal Pro­cedure (in short 'the Cr.P.C'.), is to the judgment and order dated 4.9.1982, passed by the 5th Additional Sessions Judge Fatehpur in S.T. No. 213 of 1981 (State v. Mathura and another), whereby the accused-appellant Ram Adhar has been convicted and sentenced to undergo imprisonment for life under section 302 read with section 34 of Indian Penal Code (in short 'the IPC"), seven years' rigorous imprisonment under section 307 IPC and six months' rigorous imprisonment under section 323 read with section 34 IPC. All the sentences shall run concurrently.

(2.) BY the same judgment, the co-accused Mathura was also convicted and sentenced to undergo imprisonment for life under section 302 IPC, five years' rigorous imprisonment under section 307 read with section 34 IPC and six months rigorous im­prisonment under section 323 read with section 34 IPC. He also had challenged his conviction and sentence by preferring criminal appeal No. 2228 of 1982, which was connected with this appeal, but due to his absence, that appeal has been sepa­rated.

(3.) LEAVING the dead body of de­ceased Ram Kishore at the place of occur­rence, the complainant went to P.S. Khaga, where he handed over the written report Ext. Ka 1, which was scribed by his grand­son Viddya Prasad. On the basis of this written report, the then constable moharrir Prakash Narayan Singh prepared chik FIR Ext. Ka 17 and registered a case under sec­tion 302 IPC at Crime No. 282/80 on 31.12.1980 at 8.30 a.m. against Mathura, Ram Adhar and two unknown persons. Entry of the registration of FIR was made in G.D. No. 7 Ext. Ka 19.