Vinod Prasad, J. - (1.)These two appeals Criminal Appeal No. 1340 of 1982, Lallan Singh Vs. State of U.P. and Criminal Appeal No. 1343 of 1982, Ram Lal Vs. State of U.P. arises out of the same S.T. No. 20 of 1980, State Vs. Ram Lal and others , under Sec. 302/34 I.P.C., P.S. Aurai, District Varanasi (now district Bhadohi) which has been decided by Additional Sessions Judge, Gyanpur vide his impugned judgment and order dated 19.5.1982 and hence both the appeals were clubbed together and are being decided by this common judgment. Appellants in both the appeals have been convicted under sections 302/34 and 201 I.P.C. for charge of murder of Virendra Kumar Gupta and they have been sentenced to life imprisonment on that score and for disposing off the dead body on the second charge they have been sentenced to two years R.I. by the Trial Judge, which convictions and sentences have been questioned in the instant appeal.
(2.)The prosecution case against the appellants in thumb nail description are that Karam Chand was the owner of truck No. UTE-5205 and UTE-5421. On 8.4.1977, both the trucks were loaded at Delhi with general merchandise goods. On truck No. UTE-5421 deceased Virendra Kumar was the first driver with appellant Lallan Singh as the second driver and Ram Lal appellant as the cleaner. The second truck was driven by Chhote Lal. Both the trucks started for their destination. The truck driven by Chhote Lal came to Phoolpur via Aurai while the truck of the deceased proceeded for Varanasi via Kanpur. Prosecution case further is that in Varanasi, the goods from the said truck were got unloaded in Delhi-Kanpur-Gondia Transport Company, Lahartara, Varanasi.
(3.)Meanwhile, Ganga Prasad P.W. 5 Pradhan of Village Basantapur located a dead body on 11.4.1977 at 11 p.m. lying under a culvert under police circle, Aurai, District Varanasi. He gave a written intimation to police station, Aurai of the said fact on which Head Constable Shyam Lal Ojha prepared the chik FIR Exhibit Ka-1 and the GD entry Exhibit Ka-19. Later on body was identified to be that of Virendra Kumar, the first driver of truck No. UTE-5421. On the said discovery of dead body, the investigation was engineered by the police of P.S. Aurai.