PAPPU @ AVANISH Vs. STATE OF U.P.

JUDGEMENT

(1.) SINCE these two appeals are inter-connected and subject matter is the common judgment of the trial Court, so they have been heard and being disposed of together by this judgment.

(2.) APPELLANTS along with one Manoj @ Kakka were put to trial in S.T. No. 128/2002, State vs. Pappu @ Avanish and others, under section 302 and 120-B IPC and 7 Criminal Law Amendment Act (Crime No. 83/2002, P.S. Achhalda, District Auraiya). Accused Pappu @ Avanish was also prosecuted u/s 25 Arms Act. The Additional Sessions Judge, Auraiya vide judgment and order dated 15.05.2004 had convicted the three appellants under section 302 IPC and sentenced to imprisonment for life and fine of Rs. 30,000.00 with default stipulation. Accused Pappu @ Avanish has further been found guilty under section 25 of the Arms Act and has been sentenced to undergo imprisonment for three years along with fine of Rs. 10,000.00 and in default of payment of fine to further undergo additional imprisonment of one year. The trial court has however acquitted accused Manoj @ Kakka under section 120-B IPC. In the aforesaid appeals the appellants have challenged their conviction and sentence imposed upon each of them.

(3.) ON the same day at about 10.15 A.M. Dr. Tiwari examined the cadaver of the deceased Amar Singh @ Munnu. He found that 35-years' old deceased was having average built body. Rigor mortis was present in both the extremities. Abdomen was slightly extended. He found the following ante mortem injures on the person of the deceased: