SUDHIR KUMAR VERMA Vs. STATE OF U P

JUDGEMENT

(1.) -Both these appeals arise from the judgment and order of conviction and sentence dated 10.4.1986, passed by Sri Sarnam Singh, the then IIIrd Additional Sessions Judge, Etawah, in Sessions Trial Nos. 321 of 1981 and 145 of 1982, which were tried together. The appeals are also being decided by this common order. In Criminal Appeal No. 1251 of 1986 the appellant is Sudhir Kumar Verma whereas Mussa Chikwa alias Virendra is the appellant in Criminal Appeal No. 595 of 1987 which has been preferred from jail. Both of them have been convicted under Section 302 read with Section 34, I.P.C. and sentenced to life imprisonment. In Criminal Appeal No. 595 of 1987 Sri Manish Tiwari was appointed amicus curiae under order dated 15th July, 2002. In Criminal Appeal No. 1251 of 1986 the appellant Sudhir Kumar Verma is represented on record by Sri G. P. Dixit, advocate who did not turn up. For him also, in the interest of justice, we appointed Sri Manish Tiwari as amicus curiae who assisted the Court. We have heard his arguments. From the side of the State Sri Shekhar Yadav, learned A.G.A. has been heard.

(2.) THERE were allegedly two other accused besides the present two appellants. They were Prem Kumar and Naresh Kumar alias Ramesh. The trial of Prem Kumar was separated by lower court's order dated 16th July, 1984 and Naresh Kumar alias Ramesh died during trial itself.

(3.) SKIPPING unnecessary details, we may mention that the autopsy on the dead body of the deceased was conducted by Dr. S. P. Srivastava P.W. 6 on 30th July, 1981 at 4.20 p.m. He was aged about 24 years and about 3/4 day had passed since he died. The following ante-mortem injuries were found on his person : (1) Contusion 3 cm. 2 cm. on the forehead. (2) Stab wound 2-1/2 cm. 1/2 cm. abdominal cavity deep on front of right side of chest. (3) Stab wound 2-1/2 cm. 1-1/2 cm. muscle deep on outer side of left upper arm, 15 cm. down left shoulder. (4) Stab wound 2-1/2 cm. 1-1/2 cm. muscle deep on back of left upper arm 4 cm. away injury No. 3. On internal examination, peritoneum was found punctured. Liver and gall bladder were also found punctured. Death had occurred due to shock and haemorrhage resulting from ante-mortem injuries.