NITIN SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Both the appeals have been filed by appellants namely Nitin Singh and Amit Singh against the judgment of conviction and order of sentence dated 29.03.2014, passed by Additional Sessions Judge-Court No.5, Faizabad in Session Trial No.31 of 2012, arising out of Case Crime No.552 of 2011, under Section 302 I.P.C. Police Station-Cantt, District Faizabad, whereby learned trial court has convicted the appellants, namely Nitin Singh and Amit Singh under Section 302 of the Indian Penal Code and sentenced them to undergo imprisonment for life and fine of Rs. 12,000/- each, in default of payment of fine to undergo additional imprisonment for one year. Both the appellants have filed two separate appeals. The aforesaid appeals are being decided by way of common judgment.

(2.) As per the prosecution story, on 22.03.2011 at about 10:00 p.m., the informant-Ashok Kumar Singh and Ram Kumar Singh riding on one motorcycle and Bhushan Veer Singh and Neeraj Singh riding on another motorcycle were returning from Faizabad to their village-Manapur, when they reached at Raipur canal bridge, they saw in the head light of their motorcycle that the appellants-Nitin Singh and Amit Singh were assaulting one person on the south lane of bridge with danda and axe. When the assailants saw that the bikers are approaching towards them, they left the person and ran away. Thereafter, informant and three other persons reached on the spot and found that the injured (Arun Kumar Singh) was real brother of the informant, they tried to move the injured, who was in pool of blood and found that he was dead. On the written complaint of Ashok Kumar Singh (informant), the FIR in question was lodged as Case Crime No.552 of 2011 (Exhibit K-7) and the same was entered into general diary. On the basis of FIR, the police officers reached on the spot and prepared the site plan and body was sent for postmortem, thereafter the postmortem was conducted on 23.03.2011 at 2:30 p.m.

(3.) The postmortem of the body of the deceased was conducted by Dr. B.M. Maurya, Medical Officer, who appeared before the trial court as PW-5. As per postmortem report, he found eight ante mortem injuries and opined that the cause of death is due to coma as a result of antemortem injury. The ante mortem injury mentioned in the postmortem report are as follows:-