Pratyush Kumar, J. - (1.) The instant appeal, filed on behalf of accused -appellant under Sec. 374 Cr.P.C., is directed against the Judgment and Orders dated 20.10.1981/21.10.1981 passed by Shri Brahm Singh, the then IInd Additional Sessions Judge, Gonda in Sessions Trial No. 461/1980, whereby the appellant was convicted under Sec. 302 IPC and sentenced to undergo imprisonment for life.
(2.) Heard Sri Abdul Rafey Siddiqui, learned counsel for the appellant, Sri Umesh Verma, learned Additional Government Advocate for the State -Respondent and perused the record.
(3.) In the present appeal facts of the prosecution case may be summarized as under: - - "That on 12.6.1978 at 6.05 a.m. Ramjan resident of Mohalla Civil Lines, Neel Kothi, town and police station Balrampur, District Gonda has informed verbally at the police station that his son Jumman lives with him. On the following night at about 9.00 p.m. Noor Ali came to his house, at that time he was holding Khaki Jhola (soil colour) and asked for Jumman. The first informant told him that he was resting after taking supper, Noor Ali awoke him and took him on his bicycle. In the night his son did not come back, he waited throughout the night. At about 5.00 a.m. he came to know that one dead body was lying on the road going towards Neel Kothi. At that he went there and found dead the body of his son lying there, on the dead body there were many knife injuries and cloths were blood stained. There were many blood stains on the road also. When Noor Ali was taking Jumman with him, his neighbours Ram Chander, Jai Ram, Munna Lal and Siddhu Lal also saw them. He is apprehending that his son was murdered by Noor Ali with the help of his friends for the reason some days ago Noor Ali and Jumman had some altercation about money.";