SOBARAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. Four persons, namely, Lakhan Singh, Ziledar Singh, Sobaran Singh and Shambhoo Singh were tried before the Vth Additional Sessions Judge, Farrukhabad in Sessions Trial No. 348 of 1979. Two of them, namely, Lakhan Singh and Ziledar Singh were acquitted whereas Sobaran Singh and Shambhoo Singh were convicted under Section 302, I. P. C. read with Section 34, I. P. C. and each sentenced to life imprisonment by judgment dated 28-1-1980. They have preferred this appeal.

(2.) OUT of them, Sobaran Singh died during pendency of the appeal and the appeal has abated so far as he is concerned.

(3.) POST-mortem over the dead body of the deceased was conducted by Dr. B. P. Bhatanagar PW 5 on 23- 4-1979 at 4 p. m. He was aged about 40 years and about two days had passed since he died. In all, the following 13 injuries were found on his person: (1) Incised wound 2" x 1/2" x bone deep on the top of skull margin inverted. (2) Lacerated wound 1" x 1/2" x bone deep on the left side forehead 1/2" above root of nose. (3) Lacerated wound 1/2" x 1/2" x bone deep 1" lateral to injury No. 2. (4) Lacerated wound 1" x 1/2" x bone deep on the outer surface of nose with fracture of underlying cartilage and bone. (5) Lacerated wound 1/2" x 1/4" x muscle deep on the front surface of upper lip with fracture of upper jaw. (6) Lacerated wound 1" x 1/2" x bone deep on the anterior surface of lower jaw leading to fracture of lower jaw. (7) Lacerated wound 2" x 1" on the anterior surface of neck only muscle deep. (8) Abraded contusion 2" x 1" on the left side chest 2" below left nipple. (9) Lacerated wound 1" x 1/2" x muscle deep on the vesetoral aspect of left palm in between thumb and index finger. (10) Abraded contusion 2" x 1" on the top of left shoulder. (11) Incised wound 3" x 1/2" x bone deep on the anterior aspect of right thigh in upper 1/3rd. (12) Multiple abraded contusion each varying different sizes on the anterior and lateral aspect of right thigh in the area of 9" x 6". (13) Multiple abraded contusion each varying different sizes on anterior and lateral aspect of left lower thigh and knee joint.