ASGHAR ALI Vs. STATE OF U P

JUDGEMENT

(1.) This is an appeal against the judgment and order of Sri R.K. Saxena, II Additional Sessions Judge, Shahjahanpur dated 23/11/1977 convicting Asghar Ali under Section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life.

(2.) It has not been quite assailed that the deceased who was related to Puttu Lal informant P.W. 1 had been living with him from six to seven years before the incident which took place on 3/9/1976 and was murdered in his Baggar, situate by the side of the Baggar of Yashpal Singh, the brother of Iqbal Singh. The autopsy on the dead body of Mool Chand had been conducted by Dr. S.K. Mehrotra P.W. 4 at 2.30 P.M. on 4/9/1976 and he had found the following ante-mortem injury on his person: One gun shot wound of entry 1.5 cm x 1.5 cm x on chest cavity deep on front of middle of chest slightly to the left side in the 5th left intercostal space adjacent to sternum. Blackening present over front of chest around wound.

(3.) Dr. Mehrotras notes in respect of his internal examinations reveal that there was laceration of the walls, ribs and cartilages under the above injury. There was laceration also of the pleura on the left side, left lung, peridardium, heart and the large vessels.