- (1.) Heard learned counsel for the appellants and learned A.G.A. for the State of U.P.
(2.) Under assail in the appeal is the judgment and order dated 1.9.1983 passed by Vth Additional Session Judge, Mirzapur, in S.T. No. 97 of 1983, whereby the accused appellants, Suresh and Sheo Charan have been convicted for the offence under section 302/201 I.P.C. P.S. Shakti Nagar, District Mirzapur and have been sentenced for imprisonment for life and imprisonment for three years respectively.
(3.) Briefly stated the prosecution case is as follows: According to the prosecution, the deceased, Gokulanand who was Meth was not seen after 12.2.1983. On 18.2.1983, his dead body was recovered from a well in village Yogi Chaura. On 19.2.1983, the autopsy was conducted. On 24.2.1983 the case was registered for offence under section 302/201 I.P.C and the investigation proceeded. On 24.2.1983, in the morning hours, the accused-appellant, Suresh is alleged to have made confessional statement before Brij Kishore Mishra disclosing about his and Shiv Charan's complicity in the crime. On the same day, i.e. 24.2.1983, the accused-appellant is alleged to have made confession before the police whereafter the recovery of one blanket was made at the instance of the accused-appellant, Suresh under section 27 of the Evidence Act.;