GAYA PRASAD Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. The two appellants as Gaya Prasad and Genda Lal who have challenged the judgment and order dated 24-9-1981 passed by Sri D. P. Gupta, the then 8th Additional Sessions Judge, Etawah in Sessions Trial No. 119 of 1981. Both of them have been convicted under Section 302 IPC read with Section 149 IPC with a sentence of life imprisonment and under Section 307 IPC with a sentence of 5 year rigorous imprisonment. Each of them has further been convicted under Section 148 IPC with a sentence of two years rigorous imprisonment. All the sentences have been ordered to run concurrently.

(2.) WE have heard Sri Amar Saran learned Counsel for the appellants and Sri Shekhar Yadav learned A. G. A. appearing from the side of the State to oppose the appeal.

(3.) THE post-mortem over the dead body of the deceased was conducted by Dr. Arun Prakash P. W. 5 on 3-1-1981 at 3 p. m. THE deceased was aged about 35 years and about 1-1/2 day had passed since he died. THE following ante-mortem injury was found on his person: "gunshot wound 6 cm. in diameter on right side chest upper part just below clavicle, 9 cm. above and medial to right nipple, edges inverted. Piece of lung coming out. Blackening and scorching present. "