Shiv Shanker, J. - (1.) THIS criminal appeal has been filed against the judgment and order dated 15/25.10.1982, passed by IInd Additional 'Sessions Judge, Moradabad, in S.T. No. 164 of 1981 convicting and sentencing the appellants to undergo life imprisonment under Section 302/34, Indian Penal Code.
(2.) BRIEFLY, prosecution case is that Pirthi Singh lodged the F.I.R. on 20.6.1980 at 13.30 p.m. regarding occurrence dated 19/20.6.80 in the intervening night, wherein it has been stated that Roop Ram, brother of informant used to go to sleep at the chak of Baniya Wali. Therefore, he had also proceeded on 19.6.1980 in the mid-night by saying that he was going to the said chak for wandering, to ease and pass urine, but he did not return till the morning on 22.6.1980. Therefore, the informant had gone to search him at the said chak where dead body of Roop Ram was lying in the sugarcane field of him who sustained fire arm injuries. Thereafter, F.I.R. was lodged and the case was registered against unknown miscreants. Thereafter, P.W. 7 Shiv Datt, S.I. reached at the place of incident on the next day who prepared the inquest report etc., regarding dead body of deceased and after sealing the same it was entrusted to constable who produced dead body of deceased before P.W. 8 Dr. S. C. Gupta who conducted the post mortem report and prepared the post mortem examination report. After 7 days of the alleged occurrence, the second Investigating Officer Jhamman Singh recorded the statement of P.W. 2 Smt. M. Sares, P.W. 3 Bihari, P.W. 4 Brajpal, P.W. 5 Smt. Shivdei who claimed to be eye- witnesses of the incident that Roop Ram (deceased) was tightened with rope in the tree and Nand Ram and his son Bramha Jeet were present there. Accused Nand Ram committed murder of deceased by causing fire arm injuries. Thereafter, he was dragged from there and laid in the sugarcane field of P.W. 1.
(3.) AFTER completion of investigation, both the accused Nand Ram alias Nandu and Bramha Jeet were charge-sheeted by the Investigating Officer. After commitment of these case to the Court of Sessions, Sessions Judge has framed charge for the offence under Section 302/34, I.P.C. against both the accused persons. Further charge was framed under Section 302, I.P.C. against the accused who pleaded not guilty and claimed to be tried. They have stated in their statements recorded under Section 313, Cr. P.C. that they have been falsely implicated in this case due to enmity.;