- (1.) The instant appeal filed on behalf of the accused-appellants against the judgment and orders dated 29th May, 2012 passed by Sri S.N.Tripathi, the then IIIrd Additional Sessions Judge, Bahraich, in Sessions Trial No.160 of 2005 (State Vs. Lalloo and another) under sections 304/34, 377/34 and 201/34 I.P.C. Whereby the appellants have been convicted on all the charges and sentenced to undergo imprisonment for life and to pay fine of Rs.20,000/- failing which to undergo simple imprisonment for ten months and further to undergo rigorous imprisonment for eight years and to pay fine of Rs.10,000/- failing which to undergo simple imprisonment for five months and further to undergo rigorous imprisonment for three years and to pay fine of Rs.6,000/- failing which to undergo simple imprisonment for three months, respectively.
(2.) In the instant appeal, facts of the prosecution case may be summarized as under:-
(3.) On 29.1.2002, at 3.45 p.m. at Police Station Hujurpur, Supali @ Hasan gave a written report stating therein that his brother Manggu had disappeared on 2nd January, 2002 while doing Farehi, his clothes and skeleton flesh having been eaten by animals were found on the other side of the river in bushes. His mother told him that before disappearance, Manggu had informed her that two persons of Harvatanda had a talk with him about sale of 14 kg stolen Urad concealed in the bush. When he himself inquired about that Jahalawan of Harvatanda communicated him that Kishori and Lalloo Singh did talk about selling 'Urad'. He had also communicated him that Kishori and Lallu Singh also indulged into indecent talks with Manggu. Ali Ahmad and Jakir of Bhagadawa market told him that on 2.1.2002 at 2.00 p.m., they had seen Kishori and Lalloo Singh talking with Manggu and going to the north from 'Bandha'. He is sure that Kishori and Lalloo Singh took his brother Manggu into the bush on false pretext and after committing sodomy with him, had murdered him.;