BIJENDRA Vs. STATE OF UP

JUDGEMENT

(1.) THIS appeal , preferred under section 374 of Code of Criminal Procedure, 1973, (for short Cr.P.C) is directed against the judgment and order dated 02.01.1996 passed by Ist Additional Sessions Judge, Haridwar, in Sessions Trial No. 101 of 1990 whereby accused/appellant Bijendra has been convicted under section 307 read with section 34 of Indian Penal Code, 1860 (for short I.P.C.), and sentenced to rigorous imprisonment for a period of ten years.

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) BEFORE further discussion, this Court thinks it just and proper to mention the fire arm injury found on the person of Sub-Inspector Gajram Singh by P.W. 2 Dr. O.P. Sharma on 05.11.1989 at 7:10 P.M., which is recorded in injury report (Ex. A2). The said injury is being reproduced below:-