TUNDA Vs. STATE

JUDGEMENT

(1.) Mr. O.P. Mehrotra, the then Sessions Judge, Mathura, vide his Judgement and order dt. 4-7-1978, passed in Session Trial No. 208 of 1977, convicted the appellants under S.302/34, I.P.C. and sentenced each one of them to imprisonment for life. Now they have come up through this appeal against that order.

(2.) According to the prosecution case, Tunda and Bhagwan Singh are cousins. In their statements recorded under S.313, Cr. P.C. Tunda denies this fact and Bhagwan Singh admits it and no cross-examination has been made to the witnesses who have spoken about this fact.

(3.) The occurrence took place at 6.30 p.m. on 14-3-1977 near Jhanda Chauraha, Kachchi Sarak Mathura in front of the shop of appellant Bhagwah Singh on the road at a distance of about 1 1/2 kilo-metres the first information report was lodged the same day at 7.30 p.m. by Ramesh Chandra (P.W. 1), who is real younger brother of deceased Radhey Shyam. The prosecution contends that Tunda and Bhagwan Singh armed with knives attacked Radhey Shyam and killed him on the spot.