NASIR Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. This is a jail appeal filed by the appellant Nasir against the judgment and order dated 14th May, 1997 passed by Sri Lekha Singh, Additional Sessions Judge, Mahoba in Sessions Trial No. 158 of 1995. He has been sentenced to life imprisonment on conviction under Section 302 read with Section 34 IPC for the murder of one Mohd. Murtza. Under order dated 7th August, 2002 Sri C. K. Parekh was appointed as amicus curiae to argue the appeal for him.

(2.) ONE Abid had also been convicted with the present appellant Nasir and sentenced to life imprisonment for the same offence by the same judgment. He did not prefer any appeal. He was summoned from jail before this Court on 7-8-2002 and was informed that he could also send his appeal from jail. However, despite that he did not send any appeal from jail. By our order dated 27-1-2003, in exercise of our suo motu powers we directed that the appeal shall be heard on behalf of accused Abid also so that his conviction and sentence may also be examined in this appeal, though he himself did not prefer any appeal. Sri C. K. Parekh amicus curiae argued the appeal for him as well. We also heard learned A. G. A. Sri Ratan Singh and we propose to decide the appeal in relation to both the convicted persons Nasir and Abid with the discussion that follows:

(3.) THE cause of death was shock and haemorrhage due to ante-mortem injuries sustained by him.