( 1 ) THIS is an appeal against the judgment and order of First Additional Sessions Judge, Banda, convicting and sentencing each of the appellants to imprisonment for life u/s. 302 read with S. 149, IPC. It is noteworthy that the lower court had held the appellants guilty of the offences punishable u/ss. 147, 148 and 109, IPC also, but no punishment was proposed under any one of these sections. The appellants were sentenced only u/s. 302 read with S. 149, IPC.

( 2 ) A report was lodged by constable Ragho Prasad of police station Karvi, district Banda at 11. 00 a. m. in the aforesaid police station that while on duty he reached old bus station and there he had been informed by people of the locality that the dead body was lying near well. Hence he rushed to the spot and noticed the dead body. On enquiry, he found that the dead body was of Deo Raj Singh. It had several gun-shot wounds.

( 3 ) A case was registered on the said report and the investigation was taken up by Janki Jiwan Misra (PW5 ). Mahtab Singh, Sub Inspector had prepared inquest report of the dead body and sent it in a sealed covered to the mortuary for post mortem. He had inspected the site and prepared site plan. He h

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