MOHD IQRAM Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. Assailing the order of conviction and sentence passed on 20-12-1980 by Sri B. D. Agrawal, the then Sessions Judge, Saharanpur in Sessions Trial No. 382 of 1980, these two appeals have been filed which are being decided together. The appellant in criminal appeal No. 14 of 1981 is Mohd. Iqram, whereas Noora, is appellant in criminal appeal No. 60 of 1981. Both of them have been convicted under Section 302 IPC read with Section 34 IPC and sentenced to life imprisonment.

(2.) WE have heard Sri S. K. Pundir, learned Counsel for the appellant Mohd. Iqram of criminal appeal No. 14 of 1981, Sri R. B. Sharma learned Counsel for the appellant Noora of Criminal Appeal No. 60 of 1981 and Sri G. S. Bisaria from the side of the State.

(3.) THE post-mortem over the dead body was conducted by Dr. G. R. Sharma PW 1 on 16-5-1980 at about 4. 30 p. m. THE deceased was aged about 30 years and about 18 hours had passed since she died. THE following ante-mortem injuries were found on her person: (1) Lacerated wound 1-1/2 cm x 1-1/2 cm x 1/4 cm on left eyelid with contusion 7. 5 x 2 cm extending from left eyelid to left temple region. (2) Abrasion 4 x 1/2 cm on left cheek. (3) Abrasion 1-1/2 cm x 3/4 cm on left side neck, 2 cm below angle of mandible. (4) Abrasion 1/2 cm x 1/2 cm with contusion 1-1/2 cm x 1 cm on the right side of neck, 4 cm below angle of mandible. (5) Abrasion 1-1/2 cm x 1 cm on back of left shoulder joint top. (6) Abrasion 1 cm x 1 cm on back of left elbow joint. (7) Contusion 5 cm x 3 cm on right forearm upper 1/3rd medial side. (8) Contusion 4 cm x 2 cm on back of inner angle of scapula.