A S TRIPATHI Vs. STATE OF U P

JUDGEMENT

(1.) PALOK Basu, J. These two appeals have been preferred against the judg ment and order passed by VIth Addl. Sessions Judge, Meerut on 16-11-19m in Sessions Trial No. 457 of 1980 whereby the appellants Goverdhan, Mulesh-pal and Ompal have been convicted under Section 302/34, IPC and sentenced to life imprisonment while appellants Muleshpal and Ompal have been further convicted under Section 394/34, IPC and sentenced to three years' R. I. both sentence have been ordered to run concurrently.

(2.) TWO charges were framed against the appellants during the trial. First was that on 22-4-1980 at about 6. 15p. m. near the brick-kiln in the jungle (Fields) of Village Kanoda situated on G. T. Road, Police Station paper tosned District Meerut they intentionally committed the murder of Omvir by firing at him thereby committed an offence punishable under Sec tion 302/34, IPC second charge against them was that in furtherance of the common intention the appellants robbed Omvir decease of his catridges and also his licensed rifle and thereby committed an offence punishable under Section 394/34, IPC.

(3.) DR. R. B. L. Saxena PW 9 was posted as Medical Officer as post mortem duty. He conducted the post- mortem examination of deceased Omvir Singh. Constables Rajendra Singh and Satyapal identified the body. The age of the deceased was about 40 years. His body was overage well built. He found the following injuries: (1) Lacerated wound 2. 5cm. x 2. 00cm x cramial cavity deep with inverted and braised margins, directed towards left involving tragus and external auditory meatus of Rt. car, scorching present. This wound is communicating with a lacerated wound 6 cm. x 3 cm, cramial cavity deep with everted margins, on left side back of head 8 cm. behind left ear. Brain matter is coming out through this wound. (2) Lacerated wound 9 cm. x 22 cm x 30 cm rt. side neck, 9 cm. below lobula of Rt. ear with inverted margins and directed towards left, with extermive laceration of muscles and vessels underlying the wound and communited fracture of bodies of 3rd and 4th carmial vertebra and communicating with a lacerated wound 4 cm. x 2 cm. with inverted margins on left scapula region, 4 cm. from middle and 42 cm. above waists line. No scorching or tatteering. (3) Lacerated wound 4 cm. x 3. 5 cm. with inverted and braised margins on back of left shoulder directed towards right and communicating with a lacerated wound 9 cm. x 7 cm. with ever ted margins on left side chest, 12 cm. above left nipple. No scorching or tatteeing. (4) Lacerated wound 1 cm. x 0. 5 cm. with inverted margins, directed towards left, left side chest 13 cm, above and inner to left nipple at 10 o'clock position and communicating with a lacerated wound 2. 5 cm. x 2 cm. with everted margins is left side chest 12 cm. above left nipple is 11 o'clock position No scorching or tatteeing. (5) Lacerated wound 1 cm. x 2 cm. x 7 cm. with inverted margins on outer aspect of front of left upper arm, 17cm. above bond of left elbow and communicating with above wound 9 cm x 7 cm. on left side chest 12 cm. above left nipple (injury No. 3 ). No scorching or tatteeing. (6) Lacerated wound 7 cm. x 4 cm. bone deep on outer aspect of left wrist and then on eminance of left hand with communicated fracture of lower end of left radius outer two carpal bones and first mata carpal and dislocation of 1st. Mata carpophylongeal joint. Margins bruished. No scorching or tatteeing, (7) Lacerated wound 1 cm. x 1 cm x skin deep on left side back-middle, 3 cm. from middle No scorching or tatteing. (8) Lacerated wound 0. 5 cm. x 8 cm. within inverted margins, on outer side Rt. thigh, 30 cm. above Rt. knee, directed upwards and backwards when a hard modular structure is felt; a bullet is removed from underneath the skin and sealed. No scorching or tatteeing. (9) Abraded contusion in an areas 30 cm. X 10 cm. on Rt. side back 6 cm. above waist line. (10) Abrabed contusion 2 cm. x 2 cm. on top of right shoulder. (11) Abrasion 2 cm. x 1-5 cm. on inner side of back of Rt. elbow. (12) Abrasion 1 cm. X 0. 5 cm. on thinder aminance of right hand. (13) Abrasion in an area 6 cm. X 4 cm. on part of right knee. (14) Abrasion 2. 5 cm. X 2. 00 cm, on outer aspect of right ankle. (15) Abrasion 4 cm. X 1 cm. on dorsum of 5th Rt. toe and adjoining part of foot. (16) Abrasion 0. 5 cm. X 0. 5 cm. on dorsum of 4th Rt. toe. (17) Abrasion 2 cm. X 1 cm. on left sole at the base of great toe. (18) Abraded contusion 8 cm. x 3 cm. on upper part of left scapular region. (19) Multiple abrasion in an area 6 cm. X 2. 5 cm. on chin. (20) Communited fracture of upper end and heard of left humerus and adjoining part of scapula underneath the wound 9 cm. X 7 cm. described in injury No. 3. Internal Injuries (1) Communited fracture of right temporal, right parietal bone, left parietal and occipital bones of the skull. Membrance underneath the fractured bones were lacerated and there was extensive laceration of posterior half of both. Carebral hemispheres. There was also fracture of right enterior, right middle and posterior carnial fosses. (2) The stomach contained about 50 grams of semidigested food.