MEHARBAN SINGH Vs. STATE

JUDGEMENT

(1.) THE appellants were charged u/S. 302734 Indian Penal Code for the murder of Ram Murti and Ram Pratap both being sons of Banshi- dhar, on 12-7-1974 at about 4 p. m. in village Chaharpur, Police Station Faridpur, District Bareilly. THEy were also charged u/Sec. 323/34 of the Indian Penal Code for causing injuries to Banshidhar in the same incident.

(2.) THE trial court has found them guilty and has sentenced them to life imprisonment for causing death of Ram Murti and Ram Pratap and for 3 months' R. I. u/Sec. 323/34 IPC for causing injuries to Banshidhar. All of them have come up in appeal.

(3.) ACCORDING to the prosecution case the condition of Ram Murti deteriorated and he was taken to Bareilly where he was admitted at 4 p. m. on 13-7-1974 but he succumbed to his injuries on 19-7-1974 at about 4.15 a.m. The inquest report was prepared and the dead body was sealed and left in the custody of Constable Gurmukh Singh to be taken to the mortuary for post-mortem examination; post-mortem on the body of Ram Murti was conducted by Dr. R. R. Agarwal, PW 3, whose report is Ex. Ka-4 on the record. He found the following ante-mortem injuries : (Injuries quoted-Ed.) ACCORDING to the medical report death was caused due to shock and haemorrhage due to skull injury.