MISHRILAL Vs. STATE OF U.P.

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 30.10.1984 passed by the VII Additional Sessions Judge, Allahabad in S.T. No. 36 of 1982 convicting the appellants Chhabboo Lal, Modi and Mishrilal under Section 302/34 and 201 of IPC and sentencing them to undergo imprisonment for life and to undergo rigorous imprisonment for three years under Section 201 IPC.

(2.) The prosecution case states that Sri Chandrama Singh (P.W.-9) submitted a written report (Ex-Ka-6) at P.S. Ghoorpur on 5.9.1981 with assertion that his cousin brother Sheo Sagar Singh @ Matar Singh (deceased), resident of village Neebi, P.S. Ghoorpur, District Allahabad on 3.9.1981 left his home in the afternoon for Sewar, but did not return. It came to his knowledge that on the same day at about 3 p.m., deceased was seen with Mishrilal at his house along with accused Chhabbu Lal and Modi. He suspected that Sheo Sagar Singh @ Matar Singh has been killed by the accused appellants and thereafter the dead body has been removed. As per the details given the deceased was wearing a white sando vest and a white pyjama.

(3.) The First Information Report (Ex-ka-9) was lodged on 5.9.1981 at about 21.45 P.M. at Police Station Ghoorpur, District Allahabad. After investigation, the police submitted a charge sheet (Ex-Ka 22) on 21.10.1981 against the accused/appellants under sections 302, 201, 120 B IPC. The trial court framed the charges and charged the appellants Chhabboo Lal and Modi with the commission of offences under Section 302, 201 IPC while the appellant Mishrilal was charged under section 302 read with Section 34 IPC and 201 IPC. On denial of charges by the accused trial commenced.