- (1.) THESE appellants have been convicted under Section 302/34 of the Indian Penal Code and sentenced to undergo life imprisonment by the impugned judgment.
(2.) THE prosecution was lodged on the basis of FIR lodged by the informant Masih Prakash Kandulana (P.W. 1). According to the F.I.R., a dead body of unidentified person was found floating in Lurgi river under the bridge. Police came to the place of occurrence (the source of information to the police, however, is not disclosed), took the statement of Masih Prakash Kandulana (P.W. 1). He allegedly stated before the police that he had seen Sipriyan Kerketta (Appellant No. 2) pressing the unknown person against the pillar of the bridge. From his body blood was oozing. Both the appellants, seeing the informant, inquired about his destination of going. Thereafter, the appellants fled from the place of occurrence. The informant then went to Lucas Kandulana who was working nearby the field and with him went under the bridge and saw dead body of an unknown person aged about 30 -32 years was floating. Lucas Kandulana told him that he had seen the appellants pushing the unknown person. Both of them tried but could not identify the dead body. On the basis of the said information, the police took up investigation, prepared inquest report, took statement of witnesses including the sister and father of appellant no. 2 and thereafter submitted charge -sheet.
(3.) CHARGES against the appellants were framed under Section 302/34 of the Indian Penal Code and the case was committed to the Court of Sessions. The defence of the accused -appellants was denial of the charges. They were put on trial. In the examination under Section 313 Cr.P.C. they denied to have committed any offence.;