AVDHESH Vs. STATE OF U P

JUDGEMENT

(1.) The aforesaid criminal appeals have been decided by a common judgment and order, hence with the consent of learned counsel for the parties, the same are hereby heard together and decided by a common order.

(2.) The aforesaid appeals have been preferred against the judgment and order dated 30.10.2014 passed by Additional Sessions Judge, Court No. 6, Budaun in S.T. No. 921 of 2012 convicting and sentencing the appellants under section 302 read with 34 read with 120-B I.P.C. for life imprisonment along with fine of Rs. 40,000/- and in default of payment of fine the appellants would have to undergo further ten months imprisonments.

(3.) The prosecution case in brief is that the informant Khunnu Shah son of Vande Shah resident of village Bilhat, police station Binawar, District Budaun gave a written report-Ex. Ka-1 to Station Officer, police station Binawar, District Budaun informing that on 26.5.2012 at about 6 a.m. in the morning when he had gone on a walk towards Bilhat Kundra Road near village Kundra at about one km. near the turning, he saw a dead body lying in the agricultural field of one Ramcharan Jatav. He tried to identify the same but failed to identify and it appeared to him that the person was from outside of the said village. He prayed that necessary action be taken accordingly. The said information given by Khunnu Shah was endorsed in G.D. No. 12 at 7:05 a.m. on the very same day and police reached at the spot and conducted the inquest of the dead body of the deceased and sealed the same and sent for postmortem. The inquest and post mortem of the dead body of the deceased was conducted as unknown.