JANAK SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 16-7-1980, passed by the then Ses sions Judge, Agra in Sessions Trial No. 91 of 1980 convicting the appellants under Section 302 read with Section 34 of the I. P. C. and under Section 307 read with Section 34 I. P. C. and sentencing each of them to imprisonment for life and 7 years rigorous imprisonment respectively.

(2.) BEFORE coming to the prosecution story, it may be relevant to mention the inter se relationship of the deceased, the accused persons and the prosecution wit nesses. The deceased, Khetrapal, Bhuri Singh, P. W. 1 and Janak Singh, accused are real brothers being sons of Durag Singh. The accused Sarvesh is son of accused Janak Singh, while P. W. 7 Sarjeet Singh is son of Bhuri Singh-P. W. 1.

(3.) DR. Rajendra Kumar Gupta, P. W. 5 examined the injuries of Sarjeet Singh at 3. 30 p. m. on the same day and found fol lowing injuries: Multiple gun shot wounds of size 1/10" diameter x muscle deep, (blood was oozing from the injuries ). The wounds were situated on right shoulder, right deltoid and right front chest upper and outer part.