- (1.) Heard learned counsels for the appellants and learned Additional Government Advocate for the State-respondents.
(2.) This criminal appeal is directed against the judgement and order passed by the IIIrd Additional Sessions Judge, Shahjahanpur dated 21st December, 1985, passed in Sessions Trial No. 190 of 1985 arising out of Case Crime No. 316 of 1984, Police Station Puwayan, District Shahjahanpur. All the appellants have been convicted of an offence under Sections 302/34, 201 and 394 of the Indian Penal Code. For the said offences, they have been sentenced to life imprisonment, 2 years rigorous imprisonment and 3 years rigorous imprisonment respectively.
(3.) The case of the prosecution, as reflected from the records of the present appeal, is as follows: A Gumsudagi Report was lodged with Police Station Puwayan District Shahjahanpur on 21st December, 1984 by one Bhagwant, son of Chhutta Pasi, resident of village Imaliya, Police Station Puwayan, District Shahjahanpur. It was stated that the brother of the informant, namely, Bachchu son of Chhutta Pasi had gone for performance of his duties at Puwayan on last Saturday but has not returned home since then. Bachchu was stated to be an employee on the crusher of Lal Gaya Prasad at Imalia, P.S. Powayan for the last 6-7 years. It was stated that every effort was made to search the Bachchu and information was solicited from relatives but he could not be traced. Therefore, a report be registered and appropriate action be taken.;