MUKESH @ MURARI Vs. STATE OF U P

JUDGEMENT

(1.) This jail appeal has been filed by accused-appellant, Mukesh @ Murari through Superintendent of District Jail, Kannauj against impugned judgment and order dated 30.11.2016 passed by Smt. Preeti Srivastava, Additional District and Sessions Judge, Court No.2, Kannauj in Session Trial No. 340 of 2008, (State v. Mukesh and others), arising out of Case Crime No. 1020 of 2008, Police Station Kannauj, District Kannauj, under Sections 302 read with 34 IPC. By impugned judgment, accused-appellant has been convicted and sentenced under Section 302 read with 34 IPC for life imprisonment along-with fine of Rs.5,000/-. In the event of default of payment of fine, he has to undergo further two years simple Imprisonment.

(2.) Prosecution story, in brief, is that on 21.07.2008, PW-3 Kishori Lal submitted a written report Ex.Ka-2 in Police Station, Kannauj, stating therein that on 21.07.2008 at about 10:00 AM, he was informed by villagers that one dead body of an unknown person was lying in the filed of one Shovran Lal son of Pitam Singh , resident of Haibatpur Katra, Police Station Kannauj, District Kannauj.

(3.) Pw-7 Sub Inspector R.V. Singh Chauhan, on the said information held inquest over the dead body of unknown person after nominating punch witnesses and prepared inquest report Ex.Ka-6 and other relevant papers thereto; sealed dead body and sent for postmortem, got prepared photographs of dead body. He also collected one towel, one shirt of deceased, one pants of light blue colour, one under wear, one set of plastic sleeper and prepared fard Ex.Ka-1 thereof.