NISAR AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 3rd of March 2000, passed by Special Judge (E.C. Act) / Addl. Sessions Judge, Nainital, in Sessions Trial No. 170 of 1994, whereby appellant Nisar Ahmad has been convicted under Section 302, 364 and 394 of the Indian Penal Code, 1860 (for short I.P.C.). He has been sentenced to imprisonment for life and directed to pay fine of Rs. 3,000/- under Section 302 of I.P.C., rigorous imprisonment for a period of ten years and directed to pay fine of Rs. 1,000/- under Section 364 of I.P.C., and rigorous imprisonment for a further period of ten years and also directed to pay fine of Rs. 1,000/- under Section 394 of I.P.C.

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

(3.) BEFORE further discussion, we think it just and proper to mention here the ante mortem injuries found on the body of deceased by the Incharge Medical Officer of District Hospital, Muzaffarnagar, on 28.01.1991, at 04:00 P.M., who prepared the autopsy report (Ext. A ?17). The same are being reproduced below: