POONAM SRIVASTAV,J. - (1.) THE instant appeal was filed by appellants namely Mukhtar son of Waqeebullah, Lal Mohammad son of Nasrullah and Inam son of Abdul Sattar against judgment and order dated 1.4.1982 passed by Assistant Sessions Judge, Basti, in Session Trial No.223 of 1980 whereby they were convicted under Section 307/34 I.P.C. and sentenced to undergo four years R.I. Appellant nos. 1 and 3 died during pendency of the appeal. Appeal in respect of appellant nos. 1 and 3 stood abated vide order dated 2.8.2007.
(2.) SRI A.K Pandey, Advocate, was appointed as amicus curiae on 24.10.2009 since report of Chief Judicial Magistrate, was that appellant no.2 is neither traceable nor sureties could be intimated. Heard Sri A.K. Pandey, counsel for appellant no.2 and learned A.G.A. for the State. Appellant, Mukhtar (since dead) married the injured Zaibunisha. According to first information report lodged by injured herself on 15.4.1977 at 17:10 Hours, at Police Station Menhdawal, District Basti, regarding an occurrence alleged to have taken place on the same day at 2:00 p.m. The distance of police station is six kilometers. First information report was registered after injury of Zaibunnisha, was examined by Dr. Virendra Singh PW-5 at 3:00 p.m. on the same day. Injury found on the body of injured Zaibunnisha, is detailed below:-
(3.) AN oval aperture about 1.5 cm x 1 cm x depth umbilicus (punctured wound) on the lower side of abdomen right side .? above downward 7 cm from sup iliac sup crest of hip bone 8 cm below umbilicus to the right side a flap of umbilicus coming out. Wound bleeding, margins cannot be traced. Injuries caused due to sharp pointed weapon duration fresh kept under observation because depth ........? case refd. to Basti for necessary treatment.;