JUDGMENT :

Shashi Kant, J.

1. Above Jail Appeal has been preferred under section 383 of Criminal Procedure Code (hereinafter referred to as 'Cr.P.C.') against the judgment and order dated 16.11.2006 passed by Additional Sessions Judge/Fast Track Court No.5, Kanpur Nagar in Sessions Trial No. 854 of 2003, arising out from the Case Crime No. 38A of 1994, under Sections 147, 148, 149, 302, 436 of Indian Penal Code (hereinafter referred to as 'IPC'), Police Station Babu Purwa, Kanpur Nagar, whereby though the appellant has been acquitted for the offence punishable under Section 436 IPC but has been convicted and sentenced for one year simple imprisonment under Sections 147 IPC, two years simple imprisonment under Section 148 IPC and imprisonment for life and fine of Rs. 10,000/- with default stipulation clause under Section 302/149 IPC.

2. Brief facts relating to the prosecution case are that :

2.1 On 10.02.1994 S.I. Mam Chand has lodged an oral first information report regarding lying of a burnt dead body at Khatikana Pasiyana, which was suspected to be murdered. On the above information, Case Crime No. 38A of 1994 under Sections 302, 436 IPC has been registered against unknown persons. E