SUBEDAR Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. There are three appellants, namely, (i) Subedar son of Narayan Nai, (ii) Ram Bhajan son of Chandan Ahir and (iii) Suraj Pal alias Sarju Dhanuk son of Anokhey. They have preferred this appeal against the judgment and order dated 30-9-1981 passed by Sri Sushil Kumar, the then VIII Addl. Sessions Judge, Bareilly in Sessions Trial No. 465 of 1980. Each of them has been convicted under Section 302 read with Section 34 I. P. C. with a sentence of life imprisonment under Section 307 read with Section 34 I. P. C. with a sentence of five years' rigorous imprisonment and under Section 449 I. P. C. with a sentence of seven years' rigorous imprisonment. All the sentences have been ordered to run concurrently.

(2.) WE have heard Sri K. D. Tripathi, learned Counsel for the appellants and Sri Sudhir Kumar Agarwal, learned A. G. A. from the side of State.

(3.) THE Investigating Officer reached the spot and busied himself in the activities related to investigation. After preparation of the Panchayatnama of the dead-body of the deceased Morsri, he sealed it and sent for post-mortem which was conducted by Dr. J. N. Bhargava PW 7 on 9-10-1980 at 3. 30 p. m. THE deceased was aged about 11 years and about 1-1/2 days had passed since she died. THE following ante- mortem injuries were found on her person: (1) Gunshot wound of entry. 4 cm x. 4 cm x skin deep on right side of forehead, 1 cm above lateral end of right eyebrow, no blackening or charring. (2) Gunshot wound of entry. 4 cm x. 4 cm x skin deep on right side of forehead, 1 cm above bridge of nose. (3) Three gunshot wounds of entry in an area 4 cm x 2. 5 cm on left side of face just below left nostril, size. 4 cm x. 4 cm x skin deep. (4) Three gunshot wounds of entry in an area of 5 cm x 3 cm x skin deep on right side of cheek 2 cm below eyebrow, size. 4 cm x. 4 cm x skin deep. (5) Four gunshot wounds of entry 9 cm x 4 cm of posterior aspect of right upper arm, 3 cm below shoulder. (6) Multiple gunshot wounds of entry in area of 23 cm x 14 cm in front of chest and upper part of abdomen. Various size. 4 cm x. 4 cm x skin, muscle, chest and abdomen cavity deep, no blackening or charring is present. (7) Gunshot wound of entry. 4 cm x. 4 cm x skin deep in front of left should joint. (8) Gunshot wound of entry. 4 cm x. 4 cm x abdomen cavity deep left side of abdomen, 7 cm below sub- costal margin. THE death had occurred due to shock and haemorrhage owing to fire-arm injuries.