PREM PAL Vs. STATE OF U P

JUDGEMENT

(1.) M. Chaudhary, J. This is an appeal filed by the appellant from judgment and order dated 31st of March 1981 passed by II Additional Sessions Judge, Etah in Sessions Trial No. 79 of 1980, State v. Prem Pal & others, convicting accused Prem Pal under Section 302 IPC and Khubi and Chheda Lal under Section 302 read with Section 34 IPC and sentencing each of them to imprisonment for life thereunder.

(2.) SINCE appellants Chheda Lal and Khubi alias Khub Singh were reported having died the appeal preferred by these appellants stood abated vide order dated 8-1-04.

(3.) AUTOPSY conducted on the dead body of Niwasi Lal by Dr. P. N. Verma, the then Medical Officer District Hospital Etah on 26th of October, 1979 at 10. 00 a. m. revealed the below noted ante mortem injuries: (1) Lacerated wound 19 cm x 7 cm x bone Jeep around the neck except on the back at spine and all the muscles and other organs thereunder cut. (2) Lacerated wound 9 cm x 4 cm x brain deep on right side of head 2 cm above right ear. Wound was oval shaped. Underlying bone fractured. (3) Lacerated wound 4 cm x 3 cm x muscle deep on the top of right shoulder. (4) Lacerated wound 15 cm x 4 cm x muscle deep on outer side of right arm in upper and middle part. (5) Lacerated wound 9 cm x 5 cm x through and through on right hand from wrist to web between thumb and index finger. Underlying bone cut. Thumb attached by skin only. (6) Lacerated wound 12 cm x 2 cm x bone deep on palmer side of left hand from wrist to little finger. Underlying bone cut. Little finger attached by skin only. (7) Lacerated wound 4 cm x 2 cm x bone deep on palmer side of left thumb at the root. On an internal examination right temporal bone was found fractured and trachea and esophagus cut. Stomach and small intestine empty. Large intestine contained small amount of faecal matter. The doctor opined that the death was caused about one and a half to two days ago due to shock and haemorrhage as a result of ante mortem injuries.