SHAKUNDER Vs. STATE

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned A.G.A.for the State of U.P.

(2.) This jail appeal is directed against the judgement and order dated 8.1.1999 passed by the Additional Sessions Judge(Ist), Saharanpur in S.T.No. 505 of 1997, State Vs. Shakundar under section section 302,201 I.P.C. P.S.Kotwali,Dehat, District Saharanpur and S.T. No. 648 of 1997, State Vs. Shakundar, under section 25/4 of Arms Act, P.S. Kotwali Dehat, District Saharanpur whereby the accused-appellant Shakundar has been convicted for the offence under section 302 I.P.C and sentenced to imprisonment for life and further convicted for the offence under section 201 I.P.C and sentenced to R.I for seven years. Both sentences were ordered to run concurrently. The accused-appellant has been acquitted for the offence under section 4/25 of Arms Act in S.T. No. 648 of 1997.

(3.) The F.I.R. of this case was lodged with the police station on 22.4.1997 with respect to the incidence, date and time unknown. The distance from the place of occurrence to the police station has been mentioned 10 kms. According to the prosecution, the maternal uncle (Raiyyat Ram) of the informant was living in his neighbourhood. On 21.4.1997 at about 3.00 to 4.00 p.m. he went to the house of one Jyoti alongwith piglet for sacrifice. He was accompanied by one Shakundar Gupta of the same Mohalla. The informant waited for his maternal uncle (Raiyyat Ram) and other till morning of 22.4.1997. But they did not come back, then search was started. The informant went to the village Kakrala to search both persons. When he was coming from the village Kakarala, then he saw in the village Rajpura, in a wheat filed, the dead body of his maternal uncle Raiyyat Ram. The body had