BRAMHANAND Vs. STATE OF U P

JUDGEMENT

(1.) -This is a jail appeal from judgment and order dated 17th of March, 1999, passed by Sri Ram Lal special Judge (E.C.) A.S.J., District Farrukhabad in Sessions Trial No. 692 of 1995, State v. Ram Sahai and others convicting the appellants under Section 302, I.P.C. and sentencing each of them to imprisonment for life thereunder.

(2.) CO-accused Ram Sahai who was also convicted along with the appellants above named under Section 302, I.P.C. and sentenced to imprisonment for life thereunder also filed Jail Appeal No. 2667 of 1999, Ram Sahai v. State of U. P., but that appeal stood abated as Ram Sahai was reported having died.

(3.) AUTOPSY conducted on the dead body of the deceased by Dr. Yogendra Pratap Medical Officer District Hospital, Fatehgarh on 29th of August 1995 at about 5.10 p.m. revealed three ante-mortem incised wounds on the dead body one 13 cm. 1.5 cm. cavity deep over left side of head occipital region and underlying bone cut and brain matter coming out and two ante-mortem incised wounds on left side back of neck one 12 cm. 2 cm. bone deep and 3rd cervical vertebrae cut and the other 11 cm. 3 cm. cervical vertebrae deep 3 cm. below the neck injury aforesaid with margins clean cut. On an internal examination occipital bone on left side was found cut and fractured and brain and its membranes also cut. The doctor opined that death was caused due to shock and haemorrhage as a result of ante-mortem injuries about half a day ago.