BABLOO Vs. STATE

JUDGEMENT

(1.) THE instant appeal has been filed by the Appellant challenging the judgment and order dated 22.7.2005 passed by the Addl. Sessions Judge (FTC Court No. 17) Bulandshahar in Sessions Trial No. 915 of 2003 under Section 302 IPC and the Sessions Trial No. 911 of 2003 under Section 25/4 Arms Act, Police Station Khurja Dehat District Bulandshahar whereby the Appellant Babloo was convicted & sentenced for life imprisonment with a fine of Rs. 5000/ -each and in default of payment he shall undergo one year rigorous imprisonment under Section 302 IPC . He was further directed to serve out sentence of one year rigorous imprisonment with a fine of Rs. 1000/ - in default of payment of fine, the Appellant shall undergo three months imprisonment under Section 25/4 Arms Act. Both the sentences awarded by the learned Addl. Sessions Judge were directed to run concurrently.

(2.) HEARD Dr. Abida Saeed Amicus Curiae appearing on behalf of the Appellants and the learned AGA for the State .

(3.) THE first information report with respect to the said incident was registered as case Crime No. 149/03 under Section 302/506 IPC against the accused Appellant at Police Station Khurja Dehat District Bulandshahar. After registration of the said incident, the police swiftly came into action by starting investigation and reached on the spot. The police took corpse of the deceased in possession and after completing necessary formalities sent to mortuary for autopsy. The autopsy of the deceased was conducted on 22.10.2003 at 4.00 p.m which was marked as Ex. Ka.4. The doctor opined that the death of the victim had occurred due to shock and haemorrhage as a result of ante -mortem injuries stated as under: