VINOD PRASAD,J. - (1.) IN this appeal four sibling brothers Piyare, Hiralal, Puran Lal and Sitaram, have challenged their conviction under section 325/34 IPC and imposed sentence of five years R.I. Recorded by IIIrd Addl Session Judge, Pilibhit in S.T. No. 109 of 1977, State Vs. Piarey Lal and others, vide his impugned judgement and order dated 6.7.1979.
(2.) IN bird's eye view, prosecution allegations against four appellants are that on 30.4.1976 at 5.00 p.m. They committed murder of Gendan Lal by a blunt object near a water channel. Information about the occurrence was lodged by Lalta Prasad at the police station Jahahanbad on the same day at 1 All] Piarey Lal and others V. State of Uttar Pradesh 27 11.00 p.m. Covering a distance of four Kms. Autopsy on the dead body was conducted by Dr. R.S. Sharma, PW-5, who had proved his post mortem examination report Ext-ka Doctor has noted three anti mortem injuries on the corpse of the deceased. The FIR of the informant was registered as Ext. ka-1 and corresponding GD entry is Ext. Ka-2 S.I. Babu Singh commenced the investigation of the crime who got the inquest on the dead body conducted and got prepared the inquest report and other papers Ext.Ka-3 to Ka-5 and thereafter sealing it, the same was dispatched to the mortuary through constable Sri Krishnal Mishra and Naubat Singh for the purpose of autopsy. Blood stained earth and articles were recovered vide Ext. Ka-6. I. O. also recovered the weapon of assault and the rope material EXT. 2 and 3 and prepared their recovery memo Ext. Ka-7. During investigation I. O. had also made spot inspection and had prepared site plan Ext. Ka-8. Completing investigation he has charge sheeted accused appellants vide Ext. Ka-9. Submission of charge sheet resulted in summoning of all the accused persons by the court of the Magistrate, who finding their case triable by court of Session's committed it to Sessions Court for trial.
(3.) DURING trial, in order to stablish appellants guilty prosecution examined in all five witnesses of facts. S.I. Bhagwat Singh, PW-3, S.I. Babu Singh PW-4 and Dr. R.S. Sharma, PW-5 were formal witnessed.;