Dinesh Kumar Singh, J. - (1.) The present appeal is directed against the judgment and order dated 29.04.1983 passed by Special Additional Sessions Judge, Raebareli in Sesssions Trial No.364 of 1981 arising out of FIR at Case Crime No.151 of 1979 under Sections 302 and 201 IPC, Police Station Lalganj, District Raebareli.
(2.) Learned Trial Court vide impugned judgment and order in appeal had convicted the accused-appellant, Indra Kumar under Sections 302 and 201 IPC and sentenced him to undergo life imprisonment for offence under Section 302 IPC and five years rigorous imprisonment for the offence under Section 201 IPC. The accused, Virendra Kumar and Santosh Kumar were found guilty for the offence punishable under Section 201 IPC and were sentenced to undergo five years rigorous imprisonment for the aforesaid offence.
(3.) The prosecution story as emerges out from the record and evidence is that Bharat Singh, P.W.-1 resident of village Dhannipur, Police Station Lalganj, District Raebareli lodged a written report, Exh.Ka-1 at Police Station Lalganj, District Raebareli alleging that the accused, Indra Kumar had committed the murder of his wife by shooting her and he along with some other persons were taking the dead body to Dalmau for cremation and, therefore, urgent action should be taken in the matter. On the basis of aforesaid report, P.W.-7 Head Moharrir, Ram Sharan Singh prepared the Chik Report, Exh.Ka-6 and made its entry in the GD, Exh.Ka-7 and registered a case. The relevant papers were sent to P.W.-15, Sub-Inspector Brijendra Singh S.O. Police Station Lalganj, District Raebareli who at the relevant time was in Mandi, Lalganj in connection with some official work. Upon receiving the papers, Sub-Inspector, P.W.2, Lala Singh and P.W.-6, Malkhan alongwith with them started on a jeep towards Dalmau over Lalganj-Dalmau road. On the way they accousted a Tanga which was driven by Mohd. Shakeel going towards Dalmau. Police party spotted the dead body lying over it and the said Tanga was occupied by four persons including three accused and its driver Mohd. Shakeel, P.W.-3. As soon as police party stopped Tanga, the accused, Indra Kumar jumped from the Tanga and started running away. He was chased by the police team and apprehended.;