AIJAZ Vs. STATE OF U P

JUDGEMENT

(1.) ONKARESHWAR Bhatt, J. This appeal has been preferred against judgment and order dated 8-6-1981 passed by the then VII Addl. Sessions Judge, Meerut in Sessions Trial No. 13 of 1980. All the four appellants, namely, Aizaz, Ahmad Hasan, Jan Alam and Imlak have been convicted under Section 302/34 IPC and sentenced to life imprisonment. They have also been convicted under Section 307/34 IPC and sentenced to seven years rigorous imprisonment. The sentences were ordered to run concurrently.

(2.) SRI S. P. S. Raghav, learned counsel for the appellants and SRI M. C. Joshi, learned A. G. A. for the State have been heard and record of the case has been carefully perused.

(3.) INVESTIGATION of the case was taken up by Nepal Singh PW 5 in whose presence the case was registered at the police station. The dead body of the deceased was sent for post-mortem examination which was conducted on 5-11-1979 at 3. 15 p. m. by Dr. K. D. Sharma PW 4. The Doctor found gun shot wound of entry 2 cm x 2 cm on the left neck 7 cm below & behind the left ear. Blackening and charring were present around the wound, and gun shot wound of exit 4 cm x 4 cm on front of neck left side upper part. There was fracture of right lower jaw and also fracture of third rib and vertebra. 118 pellets and wadding piece were recovered from the right portion of the neck. In the opinion of the Doctor, the deceased could have died on 4-11-1979 in the forenoon and the injuries were caused in very close contact from the body.