DABBU ALIAS MAHESH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri S.P. Srivastava holding brief of Sri P.K. Singh,counsel for the appellants, Sri R.A. Mishra, AGA and perused the record of the case carefully.

(2.) THIS appeal has been preferred by the appellants Dabbu alias Mahesh and Chaddu alias Sahilesh, both sons of Sri Ram Sewak, resident of Saradamai, Police Station Bishungarh, district Auraiya, under Section 374(ii) CrPC. The appellants have challenged the validity and correctness of the judgment and order dated 3.2.2003 passed by learned Sessions Judge, Kannauj in S.T. No.404 of 2001 (State Vs. Chaddu alias Shailesh ) and S.T. No.404-A of 2001 ( State Vs. Dabbu alias Mahesh ), whereby, the accused-appellants have been convicted under Section 302 read with section 34 IPC and sentenced to undergo rigorous imprisonment for life.

(3.) THE postmortem was conducted on 12.6.2001 by Dr. Anil Kumar Mishra, who submitted report stating that the deceased was 65 years of age; that rigor mortis had passed away from the upper part of the body, but was present on its lower part and that death had occurred due to ante-mortem injuries on the body of the deceased in the postmortem proved by him in his deposition were as under : [VERNACULAR TEXT OMMITED]