NARAD Vs. STATE OF U P

JUDGEMENT

(1.) The present criminal appeal has been filed against the judgment and order dated 21.9.1983 in S.T. No.571 of 1981 passed by 2nd Additional Sessions Judge, Fatehpur, convicting the sole accused for offence under Section 302 I.P.C. read with Section 149 I.P.C. and sentencing with imprisonment for life.

(2.) The brief facts relating to the case are that a F.I.R. was lodged by Bhola son of Ram Kishun Mishra at 6:45 a.m. on 6.1981 at P.S. Bindki, District Fatehpur at Case Crime No.118 of 1981, under Section 302 I.P.C. regarding the criminal incident of 12:30 a.m. in the night of 1/6.1981 at 12:30 a.m. with following contentions:-

(3.) I.O. prepared the inquest report, site plan, collected the injury report of first informant Bhola and post-mortem report of Ram Kishun deceased and after recording the statements of witnesses as well as collecting the evidence failed to detect the names of 3-4 unknown miscreants mentioned in the F.I.R., and submitted the charge-sheet only against Narad under Section 302 I.P.C. The case was committed to sessions and the Additional Sessions Judge framed the charges against the accused-appellant Narad under Section 302 I.P.C. for committing death of Ram Kishun in the night of 1/2.6.1981 at 00:30 a.m. in Village Ghohra, to which accused-appellant denied and demanded trial.