PINKU NAT Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal is before us to assail correctness of the judgment dated 01.03.2004 passed by learned Additional Sessions Judge, Court No. 4, Etawah in Sessions Trial No. 319 of 2002.

(2.) By the judgment impugned, learned trial Court recorded conviction of accused Pinku Nat and Vishnu Kumar for the offence punishable under Sec. 302 Indian Penal Code and awarded sentence to undergo life-term imprisonment with fine of Rs. 10,000.00 each and further to undergo six months imprisonment in the event of default in payment of fine.

(3.) At the threshold, it would be appropriate to state that a Division Bench of this Court has already accepted Criminal Appeal No. 1689 of 2004 on 19.04.2017 preferred by co-accused Vishnu Kumar. In the appeal aforesaid, the Division Bench arrived at the conclusion that evidence adduced by the prosecution suffers from several discrepancies. The first information report is antetimed and a palpable attempt was made to manufacture and plant the evidence and, as such, genesis of the case is not comparable with the prosecution story and prosecution evidence.