MAN RAJ Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Manraj and Gorakhnath have preferred this appeal against their conviction and sentence under S.302 read with S.34, I.P.C. to life imprisonment passed by Sri S.N. Lal, II Additional Sessions Judge, Azamgarh on 28-9-1978.

(2.) The prosecution case, in brief, is that the accused had suspicion that Phoolchand, brother of Manraj, was arrested in a dacoity case at the instance of Balram, deceased. On 13-8-1977, Balram had gone to Shahganj district Jaunpur and on his way back from the market when he reached near a pond in the Siwan of village Chulpura, he was ambushed by Manraj and Gorakhnath, Manraj pressed his throat and Gorakhnath threw him down by his waist and thereafter both of them threw the deceased, Balram, in the pond. According to P.W. 1 Accheyraj, brother of the deceased, while he was in his field he heard the cry of his brother and he along with others went towards that side and witnessed the occurrence. Accheyraj brought out the dead body from the pond and after handing over the body to his mother he along with others chased the accused. They succeeded in capturing them in a sugarcane field in the adjoining village Larpur.

(3.) Thereafter a written report (Ex. Ka-1) was lodged at the police station Pawai at a distance of six miles from the village Chulpura at about 6.20 p.m. The occurrence had taken place at 4 p.m. On the basis of the first information report a case was registered and after usual investigation accused were charge-sheeted, committed to the Court of Session and tried. They pleaded not guilty.