Pratyush Kumar, J. - (1.) The instant appeal, filed by the accused appellant from the jail is directed against the judgment and order dated 8th October, 2010 whereby the present appellant has been convicted under Ss. 302, 201 IPC and sentenced to undergo imprisonment for life and further to pay fine of Rs. 2000/ -, to undergo rigorous imprisonment for five years and to pay fine of Rs. 1000/ -, respectively. For non payment of fine he was further sentenced to undergo one year rigorous imprisonment by Sri Kailashendra Prasad, Addl. Sessions Judge, Court No. 2, Hardoi in S.T. No. 589 of 2006, State v/s. Raghunandan, under Ss. 302/201 IPC, P.S. Atrauli, District - Hardoi.
(2.) The prosecution case in the present appeal may be summarized as under: "That Munshi Lal gave a written report at P.S. Atrauli stating therein that his younger brother Putan aged about 25 years had gone from the house in the company of Raghunandan on 8th August, 2005 at about 4 p.m.. When he did not come back in the night, search was made. That day during search they came to know that at Village - Sukhaukhera, Putan was seen in a drunken condition. In the nearby pond his dead body was found in the water. On the basis of written report dated 9th August, 2005, Case Crime No. 398 of 2006 was registered. Requisite entry was made in the report of the general diary. Inquest proceedings were held. The investigation started, post mortem examination on the dead body of the deceased was conducted on 9th August, 2005 at District Morturary. The Investigating Officer Pratap Bahadur Singh took over the investigation, inspected the spot, prepared the site plan, examined witnesses and charge -sheeted the present appellant."
(3.) The present appellant was charged by the Court of Session under Ss. 302, 201 IPC which he denied and claimed to be tried.;