- (1.) THE appellants, two in numbers, who were arrayed as A -1 and A -2 before the Sessions Court; have challenged their conviction and sentence in this appeal.
(2.) THE appellants were charged under Sec.302 and 201 of the Indian Penal Code, on the allegation that at some time on 18.11.1983, they caused the death of Manoj Kumar @ Munna by strangling him and thereafter threw the dead body in village tank. The learned Trial Judge finding the appellants guilty, as charged, sentenced each one of them to imprisonment for life for the offence under Sec.302 of the Indian Penal Code and for the offence under Sec.201 of the Indian Penal Code, they were sentenced to 7 years rigorous imprisonment. Hence, the appeal.
(3.) THE facts, necessary to dispose of the appeal, are briefly stated thus: PW -2, Rajeshwari Prasad, is the father of the deceased, Manoj Kumar @ Munna. It is the case of the prosecution that Manoj Kumar @ Munna was having illicit relationship with the niece of the 1st appellant, Damodar Pathak and that he also used to sleep in the house of the 1st appellant . According to the prosecution, the deceased left his house to take his bed in the house of Damodar Pathak on 18.11.1983 and that thereafter he was not seen alive. On 28.11.1983, PW -5, Matni Devi saw a dead body floating in the village tank and she, in turn, went and informed PW -2, Rajeshwari Prasad. After the villagers gathered, the dead body was taken out of the tank and it was found to be the dead body of Manoj Kumar. PW -2 laid Fardbayan, Ext.6, on the basis of which a formal F.I.R. was registered. Investigation was taken up by the officer concerned and during the course of investigation inquest was conducted.;