RAM NARESH @ CHUNNU GAUR Vs. STATE

JUDGEMENT

(1.) This Jail Appeal has been filed by accused-appellant-Ram Naresh alias Chunnu Gaur, Dinesh alias Tunnu Gaur and Baniya alias Rajesh through Jail Superintendent, Bijnor against judgement and order dated 08.07.2011 passed by Additional Sessions Judge / Special Judge, Bijnor, in Sessions Trial No. 987 of 2010 (State v. Ram Naresh alias Chunnu Gaur and Others, Case Crime No. 97 of 2010) under Sections 302/34, 394, 411 IPC, Police Station Nangal, District Bijnor convicting all three accused-appellants under Sections 302/34, 394, 411 IPC and sentenced them under Section 302/34 IPC to undergo for life imprisonment and Rs. 10,000/-. In default of fine, they shall further undergo six months' imprisonment; under Section 394 IPC for R.I. of five years and fine of Rs. 2,000/-; in default of fine, they shall further undergo two months R.I.; and under Section 411 IPC for R.I. of two years and fine of Rs. 1000/- and in default of fine, they shall further undergo one month.

(2.) Prosecution story, in brief, is that on 22.09.2010, PW-1 Katar Singh made a written Tehrir Ex. Ka-1 in the Police Station concerned stating that a dead body of one young unknown person was seen, lying in the Sugarcane field near tube-well of PW-1. Its head was bleeding. There was a stone nearby the body. PW-1 suspected that he was killed by someone.

(3.) On the basis of Written Tehrir Ex Ka-1, chick FIR, Ex. Ka-19 was registered in Police Station concerned by Constable Clerk as Case Crime No. 97 of 2010, under Section 302 IPC against unknown accused person, entry whereof was made in General Diary, copy whereof is Ex. Ka-20 on record.