BASANT SINGH Vs. STATE

JUDGEMENT

(1.) K. N. Ojha, J. Both these appeals have been preferred against the same judgment dated 22-1-1997, passed by learned IX Additional Sessions Judge, Kanpur Nagar, in S. T. No. 1029 of 1996, State v. Basant Singh and 2 others, by which appellants Basant Singh and Udai Singh have been convicted under Section 302 read with 34 IPC and appellant Bharat Singh is convicted under Section 302 IPC and each one of them is sentenced to undergo life imprisonment and a fine of Rs. 5,000 also and in default of payment of fine, further rigorous imprisonment of six months. On realisation of fine a sum of Rs. 10,000 is to be given to Smt. Pushpa Devi, widow of deceased Kripal Singh.

(2.) APPELLANTS Basant Singh and Udai Singh were represented by Sri Ramendra Asthana, Sri Anil Srivastava and Sri Anil Kumar Singh, Advocates, but they did not appear to advance arguments. Sri Amar Saran, Advocate, was appointed amicus curiae for accused Bharat Singh, who is confined in Jail. Sri Amar Saran agreed and argued the appeal for all the three appellants.

(3.) AT the time of post-mortem examination rigor mortis passed off from both extremities. Eyes were closed. Peritoneum was punctured on right side. In abdominal cavity 1. 5 litre blood was present. In stomach 4 ounce fluid was present. Small intestine contained half full gases and big intestines contained half full faecal matter. Death was due to shock and haemorrhage as a result of ante-mortem injury.