FATEH BAHADUR Vs. STATE OF U P

JUDGEMENT

(1.) V. P. Goel, J. Fateh Bahadur and Vijay Bahadur were convicted by Sri P. N. Dubey, Sessions Judge, Jaunpur in Sessions Trial No. 200 of 1978 under Section 302, read with Section 34 of the Indian Penal Code for causing the death of Smt. Samarthi aged about 40 years and were sentenced to undergo imprisonment for life.

(2.) THAT on 12-6-1978 at about 5. 30 p. m. near the pumping set of Ram Sumer, in village Shera Patti, Police Station Khutahan in the district, Jaunpur. The accused-appellants armed with knife in furtherance of their common inten tion, intentionally and knowingly committed the murder of Smt. Samarthi by inflicting knife injuries on her and thereby committed offence punishable under Section 302, read with Section 34, IPC.

(3.) DR. R. P. Rastogi conducted the post-mortem examination on the dead body of Smt. Samarathi on 13- 6-1978 at 4-40 p. m. and found the following ante-mortem injuries on the dead body vide the post- mortem report Ext. Ka-3 :- (1) Incised wound, semi-circular 6 cm. x| cm. X skin deep, extending from outer 3rd of left eye brow, 1 cm. outer angle of left eye. (2) Incised wound, 3 cm. xli cm. X chest cavity deep, on the inner aspect of left shoulder near the base of neck, 7$ cm. inner to top of shoulder, horizontally placed. (3) Incised wound, 1/2 cm x 1/2 cm. X muscle deep, oblique on the outer aspect of left shoulder. (4) Incised wound, 4 cm. x 1/2 cm. x through and through, on the open ing of left hand in between thumb and index finger. (5) Incised wound 3ixcm. xli cm x chest cavity deep directed downwards and inwards on the left side of chest 9 cm. above and outer to nipple at 2 O'clock position, vertically placed. (6) Incised wound, 3 cm. x 1/2 cm. X skin deep on the outer and base of right index finger. (7) Incised wound, 21/2 cm. xf cm. X muscle deep, on the left side of chest x scapular region just outer to spine.