UDAISEN GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri A.B.L.Gaur, learned Senior Advocate assisted by Sri Munna Tiwari, learned counsel for the appellant on application for grant of bail under Section 389 Cr.P.C. and Sri Vikas Sahai, learned A.G.A. for the State.

(2.) The appellant has been convicted in Session Trail No. 125 of 2007: State Vs. Udaisen Gupta arising out of Case Crime No. 1035 of 2006, Police Station Shahpur, District Gorakhpur for offence punishable under Section 302 I.P.C. and sentenced for rigorous imprisonment for life and fine of amount of Rs. 1 lac has been imposed against the appellant.

(3.) It is submitted by learned Counsel for the appellant that F.I.R. of this Crime was registered against unknown persons and accused was not named in it, by the complainant. The Investigationg Officer has recorded statement of Dhani Kumar Gupta on 28.12.2006 under Section 161 Cr.P.C., who was witness of recovery memo mentioned in Case Diary Parcha No. 1A, which is numbered 000088. This case diary book is different from other Parcha of case diary dated 28.12.2006.