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SIDDHARTHA VARMA, SYED QAMAR HASAN RIZVI
Balloo – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
1. This criminal appeal has been filed against the judgment and order dated 27.10.1983 and the sentence and conviction dated 29.10.1983 passed by the IInd Additional Sessions Judge, Fatehpur.
2. Upon an alleged incident having taken place on 15.01.1981 at 8.00 a.m., the first information report in this regard was lodged at 1.30 p.m.. Thereafter, police got into action and started the investigation. The police took into its possession the plain soil and the soil laden with blood and prepared a memo, which was exhibited as Ex. Ka-12. Similarly, Spade (Farsa) was also taken into custody, the memo of which was prepared as Ex.Ka-13. Similarly, a Lathi of Baans was also taken into custody and a memo of which was prepared as Ex. Ka-14. Thereafter the Panchayatnama of the deceased was done. Along with the Panchayatnama and the first information report, which was lodged, the body was sent for post mortem on 16.01.1981. The dead body reached the mortuary at 3.45 p.m. and the post mortem thereafter was conducted on 17.01.1981 at 2.00 p.m. The police thereafter concluded its investigation and submitted its report. Upon the receipt of the report, the court of Sessions Judge, Fatehpur h
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