NAVIN SINHA,J. - (1.) The appellants stand convicted under Section 302/34 IPC to life imprisonment by the Additional District and Sessions Judge, Raisinghnagar dated 24.04.1989 in Sessions Trial No. 24/1987.
(2.) According to the FIR Exhibit P/3 lodged by PW/4 Kishan Singh, brother of deceased Radhey Shyam on 14.08.1986, the deceased was last seen in the company of Appellant no.1 Chhinder drinking liquor at about 7:30 pm as informed by PW/2 Ganpat when the dead body of the deceased was discovered on the next evening around 6 pm. As per allegation, the informant suspected Appellant no.1 because he had been arrested with an illegal fire arm at the behest of the deceased and had illicit relations with the wife of the deceased. The witness claimed to have gone to the place of occurrence with PW/5 Mohan lal and others who were not examined when the body was discovered.
(3.) The postmortem Exhibit P/2 was conducted by PW/3 Dr. Suresh Kumar Agarwal who opined that death was due to shock and asphyxia caused by respiratory distress as a result of chest injury. The viscera was preserved and the report Ex.P/22 was negative with regard to presence of alcohol.;