- (1.) IMTIYAZ Murtaza, J. This jail appeal has been filed by the appellant against the judgment and order dated 28-5-2001 passed by Additional District and Sessions Judge, Court No. 7, Allahabad in S. T. No. 182 of 1999 whereby the appellant has been convicted under Section 302/34 I. P. C. and sentenced to undergo imprisonment for life.
(2.) BRIEFLY stated the prosecution case is that the appellant alongwith Nanhey went to the residence of Pappu on 2-6-1998 at about 9. 00 a. m. and thereafter all the three went to Holagarh. While they were returning in the evening by a Tempo and they reached near the village Ram Charanpura at about 7. 30 p. m. they dragged Pappu deceased from the tempo and assaulted him with fists and knife. On his alarm being raised, several persons were attracted and intervened. The accused persons threatened him and fled away from the place of occurrence. After sustaining injuries, Pappu came to P. S. Soraon and lodged an oral report at P. S. Soraon and on the basis of his information a case was registered against the appellant and co-accused Nanhey under Sections 323/324/504 and 506 I. P. C. After the registration of the case Sub-Inspector B. K. Singh commenced investigation. He recorded the statement of the deceased under Section 161 Cr. P. C. Pappu was sent to Hospital where he was examined by Dr. A. K. Saxena at about 10. 45 a. m. and he noted following injuries: (1) Lacerated wound of size 1 x. 5 cm x muscle deep on right upper lip. (2) Multiple lacerated wound of size varying from 1 x. 5 cm x muscle to. 5 x. 5 cm x muscle deep on right side of cheek. (3) Traumatic swelling of size 4 x 3 cm on the right cheek in from of right ear. Advised X-ray right cheek mandible. (4) Multiple lacerated wound of size. 5 x. 5 cm x skin deep on Rt. side of neck and L. W. of size 1 x. 5 cm. x dept. Kept under observation on front of neck (Multiple) Adv. X-ray neck AP Lat. (5) Multiple lacerated wound of size varying from. 5 x. 5 cm x skin deep to 1 x. 5 cm x skin deep and some muscle deep on right side of chest and abdomen extending from right nipple to right iliac fosse. (6) Traumatic swelling of Lt. side of chest Adv. On chest P. A. view. In the opinion of the doctor all the injuries were simple caused by blunt object.
(3.) PAPPU was admitted in the hospital at about 1. 00 a. m. on 3-6- 1998. He succumbed to his injuries and case was converted under Section 302 I. P. C. The dead-body of PAPPU was sent for post- mortem examination. Dr. M. K. Bhatia conducted the post-mortem examination of the deceased on 5-6-1998 at about 3. 00 p. m. and he noted following ante-mortem injuries: (1) Incised wound 2" x 1/2" x bone deep on left side of head 1-1/2" above Lt. ear. (2) A contusion 5" x 1-1/2" on front (Lt.) side of chest in middle part. (3) Multiple abraded contusion of different sizes are present all over the body.;