RAJBIR Vs. STATE OF U P

JUDGEMENT

(1.) -Criminal Appeal No. 4393 of 2002 has been preferred by Rajbir and Manphool against the judgment and order dated 1.10.2002 passed by the Additional Sessions Judge (Court No. 1), Muzaffarnagar, in Sessions' Trial No. 168 of 2001, whereby they have been convicted and sentenced in the manner stated hereinafter : Manphool : Under Section 302, I.P.C. to imprisonment for life. Rajbir : (i) Under Section 302, I.P.C. to death ; and (ii) Under Section 307, I.P.C. to one year's R.I. The sentences of Rajbir, on both the counts, have been directed to run concurrently. Capital Sentence Reference No. 8 of 2002 arises from the reference made by the learned Additional Sessions Judge to this Court, under Section 366 (1), Cr. P.C. for confirmation of the death sentence of Rajbir. It is pertinent to mention that along with the two appellants, a third accused, namely, Risal alias Risal Singh was also tried, but he has been acquitted vide the impugned judgment and Criminal Misc. Application No. 5694 of 2002 has been preferred by the State of U. P. against the acquittal of Risal. We would like to mention that Criminal Misc. Application No. 5694 of 2002 was not listed before us but on the joint request of learned counsel for the parties, which has been recorded by us in a separate order passed today, we summoned it from the office and also heard it.

(2.) SINCE all these three matters arise out of a common factual matrix and impugned judgment we are disposing them off by one judgment.

(3.) AFTER the case had been registered, the informant Vikas Kumar, along with a chitthi mazroobi (letter of request for medical examination) was sent to Primary Health Centre, Charthawal, where he was medically examined, the same day, at 11.30 a.m. by Dr. Shailesh Jain P.W. 3 who found on his person the following injuries : (i) An abrasion over back of left forearm 0.5 cm. x 0.5 cm. in size 6 cm. below left elbow joint. (ii) A lacerated wound over front of left forearm 12 cm. below left elbow joint. 0.5 cm. x 0.5 cm. swelling is also present underneath. In the opinion of Dr. Jain, Injury No. 1 was simple in nature and for Injury No. 2, which was kept under observation, Dr. Jain advised X-ray. In the opinion of Dr. Jain, the injuries were fresh.