STATE OF U P Vs. CHIRAGUDDIN

JUDGEMENT

(1.) D. P. Gupta, J. Feeling aggrieved with the order of acquittal dated 27th August, 1997 passed by the Vth Additional District and Sessions Judge, Agra in sessions Trial No. 43 of 1975, State v. Chiraguddin and three others, under Sections 302, 302/109, 302/114, 120,201/109 IPC. PS Rakab Ganj, District Agra, the State of U. P. has preferred this appeal under Section 378 Cr. P. C.

(2.) LEAVE to appeal was granted by this by Court vide order dated 7th July, 1980.

(3.) ON 24-5-1972 at 11. 30 a. m. PW 16 Dr. S. C. Gupta conducted post-mortem examination and prepared the report. As per his opinion, time of death was about 12 hours. Rigor mortis was present in upper and lower limbs. He found the following ante-mortem injuries. (1) Stab wound 1" x 2/10" x cavity deep with clean cut margins on the back of the chest left side 1" away from the spine at the level of the 6th thoracic vertebra placed obliquely (medial and being higher) between the 6th and 7th ribs.