AMI CHAND Vs. STATE OF U P

JUDGEMENT

(1.) M. C. Jain, J. Seven persons have preferred this appeal. They are - (1) Ami Chand (2) Vikram (3) Kripal (4) Bhullan (5) Raj Pal (6) Ajab Singh and (7) Sat Pal. The judgment assailed is one dated 10-10-1980 passed by Sri S. B. Singh, the then III Additional Sessions Judge, Ghaziabad. All of them have been convicted under Section 302 read with Section 149 I. P. C. and sentenced to life imprisonment. That apart, Vikram, Bhullan, Kripal and Rajpal have been convicted for the offence of rioting under Section 147 I. P. C. and sentenced to 1- 1/2 years rigorous imprisonment. The remaining three, namely, Ami Chand, Satpal and Ajab Singh have been convicted for the offence of rioting under Section 148 I. P. C. with the sentence of 2 years' rigorous imprisonment. All the sentences have been ordered to run concurrently.

(2.) APPELLANTS Amichand, Ajab Singh and Satpal died during the pendency of the appeal, which abated respecting them under order dated 11-12-2003.

(3.) POST-mortem over the dead-body of the deceased was conducted by PW 2 Dr. V. K. Bharadwaji on 3-8- 1976 at 10. 15 a. m. The deceased was a middle aged lady and about two days had passed since she died. External examination revealed charred mutilated portion of body having parts of occipital and parietal bones, vertebrae, cervical, thoracic and lumber region including sacrum and portion of left iliac bone. Soft tissues were attached at places. Scalp in the size of 12 cm x 17 cm at back portion was in charred condition and left parietal bone was fractured. Heart was charred and chamber empty. Liver was also charred. Left side of kidney was also decomposing. A gunny piece (Tat) measuring about 12 cm x 10 cm was sticking to the skull bone and hairs (mostly of golden colour and few of white colour) of the length of 12 cm were also sticking to it. Length of body from occipital to sacrum region was 78 cms. The exact cause and manner of death could not be stated.