DESH RAJ Vs. STATE OF U P

JUDGEMENT

(1.) These four appeals arise out of the judgment and order dated 17.7.2009 passed by Additional Sessions Judge, Fast Track Court No. 1, Budaun in ST Nos. 530/2000 and 740 of 2000 by which appellants Desh Raj, Raj Pal Pappu and Prakash have been convicted for the offences under Sections 302/34 IPC and 323/34 IPC and sentenced to undergo life imprisonment with fine of Rs. 10,000/-. In case of default in payment of fine to undergo further one year and six months rigorous imprisonment respectively. Appellants Pappu and Raj Pal have also been convicted for the offence under Section 25 Arms Act and have been sentenced to undergo two years' rigorous imprisonment with fine of Rs. 2,000/- each. In case of default in payment of fine to undergo further three months rigorous imprisonment. All the sentences were directed to run concurrently.

(2.) The inquest of the dead body was conducted on 22.12.1999 by SI P.L. Gupta and the dead body was sent for postmortem. Post-mortem of the dead body was conducted by Dr. V.P. Bhardwaj on 23.12.1999. In the post-mortem report submitted by the Doctor concerned, the following ante-mortem injuries were found on the body of the deceased:

(3.) Initially the investigation of the offence was done by SI P.L. Gupta However, the investigation was thereafter transferred to SI M.P. Gangwar who filed the charge-sheet after completing the investigation.