GANPAT & ANOTHER Vs. STATE

JUDGEMENT

(1.) Heard Mr. R.D. Dauholia, learned counsel for the appellant no.2 Phoolan and as Amicus Curiae for the appellant no. 1 Ganpat, as well as Mr. Nagendra Bahadur Singh, learned Additional Government Advocate for the State.

(2.) The present appeal has been directed against the judgment and order dated 26.08.2009 passed by the Additional Sessions Judge, Fast Track Court, Lalitpur in Sessions Trial No. 19 of 2008 arising out of Case Crime No. 503 of 2007. Whereby the appellants were convicted for commission of offence punishable under Section 302/34 of the Indian Penal Code and sentenced to imprisonment for life with a fine of Rs.15,000/- each in default to undergo simple imprisonment for two years each.

(3.) The case in brief as setup by the prosecution is that the applicant Mohan son of Kanhaiya, resident of village Banjraya, Police Station Saujana District Lalitpur lodged a First Information Report on 10.12.2007 at 12:15 pm at the Police Station Saujana District Lalitpur against unknown persons. In his statement he stated that his well situated in his field was restructured, his father Kanhaiya son of Sarkanna used to sleep over there in the night. In the intervening night of 09/10 December 2007, as usual, he used to sleep thereat. On 10 December 2007 father of his uncle Bandu went to well and called for his father, but he did not receive any response, then he went near to him and saw that he was lying dead. He returned home and told this fact, then the informant and the other family members went to spot and saw that there was a large wound on the neck of his father, he was lying dead. He stated that some body had committed murder of his father in the last night.