ONKARESHWAR BHATT, J. - (1.) APPELLANTS Paras Nath Mani, Hare Ram Tiwari, Chandra Bhooshan Mani alias Tilaku and Shailesh Pandey have preferred this appeal against their conviction under Section 364, I.P.C. They have been convicted by IIIrd Addl. Sessions Judge, Deoria on 30 11 1987 and have been sentenced to undergo ten years' rigorous imprisonment each.
(2.) LEARNED Counsel for the parties have been heard at length and in detail. Briefly stated prosecution case is that on 24 5 1984 at about 6.30 a.m. all the four appellants came to the house of P. W. 2 Krishna Kumar Mani Tiwari (informant of this case) in Mohalla Ram Nath, Deoria P.S. Kotwali, Deoria. Smt. Sushila P.W. 1 is the wife, of the informant. Appellant Chandra Bhooshan Mani alias Tilaku called the deceased Umesh Mani Tiwari alias Raju for witnessing a match. Umesh Mani Tiwari was the only son of the in ­formant and Smt. Sushila Mani. Accord ­ing to the prosecution case at about 8 a.m. on 24 5 1984 all the four appellants along with Umesh Mani Tiwari alias Raju, the deceased of the case, were seen, boarding the train bound for Gorakhpur. P.W. 3 Purshottam Pandey and P.W. 4 Sri Prakash Pandey had seen the appellants and the deceased boarding the train at Deoria Railway Station. According to the prosecution case the appellants and the deceased stayed at the house of one Deep Narayan Pandey at Gorakhpur on 24 5 1984. Deep Narayan Pandey is the 'MAUSA' of appellant Tilaku. On enquiry by the informant, Deep Narayan Pandey told him that on 25 5 1984, the appellants after taking their meals had left his house after telling that they were going to Basli. On 25 5 1984 all the appellants and the deceased were seen at the railway platform at Gorakhpur at about 10.30 p.m. in the night and they boarded the train at about 11 p.m. This train was to go towards Basti. The prosecution case further is that on 26 5 1984 the deceased was found in in ­jured condition near the railway line at Basti. The deceased was brought in injured condition to District Hospital Basti by G.R.P. Constable Ghanshyam Pandey. The deceased was medically examined by P.W. 9 Dr. V.P. Agrawal on 26 5 1984, itself at 1.40 p.m. The deceased died in hospital. The post mortem took place on 27 5 1984 at 5 p.m. by Dr. U.S. Mishra, P.W. 6. On 27 5 84 the informant went to Basti where he was shown the photographs of the dead body of the deceased and also the clothes which the deceased was wearing. The in ­formant identified the photographs and the articles to be of his son.
(3.) THE appellants stood charges under Sections 364, 302/34, I.P.C. They pleaded not guilty to the charges. The ap ­pellants were acquitted for the charues under Sect ion 302/34 of I.P. C.;