BAIJ NATH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Pramod Kumar, learned counsel for the appellant and Smt. Manju Thakur, learned A.G.A.-I for the State.

(2.) The appellant Baijnath has approached this Court being aggrieved by the judgement and order dated 27.10.1986 passed by Sessions Judge, Etawah in S.T. No.275 of 1987 (State Vs. Baijnath) u/s 364/302 IPC, P.S.- Dibiyapur, District- Etawah, by which he has been convicted and sentenced to imprisonment for life u/s 364/302 I.P.C. respectively.

(3.) A written report (Ex.Ka.11) was given by P.W.2 Amresh Chandra Tripathi at P.S.- Dibiyapur, District- Etawah on 1.6.1987 at about 7.20 p.m. stating therein that an unidentified dead body of a boy gagged by tying a towel across his mouth, who was wearing a shirt, vest and pant which were blood-stained, was found lying in the premises of pipeline godown situate at a distance of about two furlongs in the west of railway crossing at the northern limit of village- Lakhanpur, between two piles of pipes. On the basis of the written report Ex.Ka.11, as Case Crime No.63 u/s 302/201 IPC, was registered against unknown persons.