KUNWAR PAL SAINI Vs. STATE

JUDGEMENT

(1.) The present Criminal Jail Appeal has been filed by the appellant Kunwar Pal Saini, against the judgment and order dated 01.09.2007 passed by Additional Sessions Judge, Court No.4 Bijnor in Sessions Trial No. 06 of 2007 (State of U.P. Vs. Baba Kunwar Pal Saini) arising out of Case Crime No. 112 of 2006, under Section 302 I.P.C., Police Station-Shercoat, District Bijnor whereby the appellant has been convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life with fine of Rs. 10,000/- and in default, two months' rigorous imprisonment.

(2.) Prosecution story in brief is that on 02.03.2006 at 14:20 P.M.First Information Report (Ext. Ka-12) was lodged against unknown person under Section 302 IPC by informant Satish Kumar at concerned Police Station mentioning therein that near Ram Ganga Cemetery one dead body of unknown person having received injuries on neck and head was lying.

(3.) On the basis of written report (Ext. Ka-1) the case was registered and investigation started. Recovery memo of blood stained pillow cover recovered from the place of occurrence is exhibited as (Ext. Ka-8); recovery memo of wine bottle and other articles is exhibited as (Ext. Ka-9); recovery memo of Rajai and Shawl is exhibited as (Ext. Ka-10), recovery memo of watch and red angocha is exhibited as (Ext. Ka-17) and inquest report was prepared which is exhibited as (Ext. Ka-3). Dead body was sent for postmortem examination and after postmortem, Postmortem Report was prepared which is exhibited as (Ext. Ka-11). According to the Postmortem Report following injuries were found on the body of the deceased: