KHUSHIYAL Vs. STATE OF U.P.

JUDGEMENT

(1.) The present appeal, filed under Sec. 374 Cr.P.C. by the accused -appellants, is directed against judgment and order dated 23.5.1994 passed by Sri K.S. Rakhra, the then Sessions Judge, Gonda in ST No. 144 of 1993 (State of U.P v/s. Khushiyal alias Hussain Ullah and another) under Ss. 302/307/323 IPC, P.S. Colonelganj whereby he convicted and sentenced the appellant No. 1 Khushiyal alias Hussain Ullah with imprisonment for life and fine of Rs. 2,000/ - u/s. 302 IPC, with rigorous imprisonment of five years and fine of Rs. 1000 u/s. 307 I.P.C., with rigorous imprisonment of six months u/s. 323 IPC and the Appellant No. 2 Sayyad Ali with five years rigorous imprisonment and a fine of Rs. 1,000/ - u/s. 307 IPC read with Sec. 34 I.P.C.

(2.) The facts giving rise to the present appeal are as under:

(3.) On this written report, chick FIR Ex Ka -2 was scribed. Case Crime No. 572 of 1992 under Ss. 307/324/323 IPC was registered at P.S. Colonelganj and requisite entry was made in the general diary, copy whereof is Ext. Ka -3. Injured were sent for medical examination and treatment to PHC Colonelganj. Investigation was started. On 11.55 A.M. on that date Khairul Nisa expired. During medical examination conducted on 29th December, 1992 on the person of Mohd. Sharif the following injuries were found: