KAPIL DEO SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -Appellants Kapil Deo Singh and five others were tried and convicted in Sessions Trial No. 43 of 1980 vide judgment and order dated 21.11.1981, passed by the then VIIIth Additional Sessions Judge, Azamgarh. They have been sentenced to undergo rigorous imprisonment for one year under Section 147, I.P.C. to imprisonment for life under Section 302/149, I.P.C. and three years rigorous imprisonment under Section 201, I.P.C.

(2.) SRI Gopal Chaturvedi, Senior Advocate, assisted by SRI Samit Gopal, learned counsel for the appellants, SRI V. C. Tiwari, Senior Advocate appearing for the complainant and SRI M. C. Joshi, learned A.G.A. appearing for the State have been heard and record of the case has been carefully perused.

(3.) BRUTAL assault on the deceased took place in southern portion of the house of accused Lurkhur, which was in occupation of Smt. Mankiya P.W. 1, is not open to doubt. During the investigation blood stains were found on the floor, cot and bamboo. The assault on the deceased took place while he was sleeping along with Mankiya on the same cot. Mankiya stated that she was sleeping on the cot when some time during the night the deceased came and slept with her on that very cot. According to Mankiya some time after she slept, some persons came and killed the deceased and carried him away. She stated that she could not recognise any of the assailants because they had tied her mouth and eyes. The testimony of Mankiya shows that in the night of 4/5.8.1979, the deceased was alive and was in the company of Mankiya.