RAM CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) K. N. Ojha, J. This appeal has been preferred against order of conviction and sentence dated 6-5-1998, passed by learned IVth Additional Sessions Judge, Gorakhpur, in S. T. No. 133 of 1996, State v. Ram Chandra, by which Ram Chandra has been convicted under Section 302 IPC and has been sentenced to undergo life imprisonment.

(2.) WE have heard Sri Samit Gopal, learned amicus curiae, for the appellant, learned A. G. A. Sri Shekhar Yadav, and have also gone through record. The judgment is being delivered on merit.

(3.) POST-mortem examination on the dead-body of Basudeo, aged about 12 years was done by Dr. O. N. Gupta in the mortuary of Gorakhpur and following ante-mortem injury was found: (1) Contusion 6 cm x 4 cm on the front of Neck middle on cutting Haemotoma present under Skin and muscles. Hyod bone was fractured. In the opinion of the doctor Basudeo died due to asphyxia as a result of throttling.