SOHANPAL Vs. STATE OF U P

JUDGEMENT

(1.) S. C. Jain, J. The appellants, Sohanpal, Dharampal, Jaggi and Birba were convicted under Section 302 read with Section 34, IPC and were sentenced to undergo life imprisonment.

(2.) FEELING aggrieved, they have challenged the said judgment and order dated 23-5-1980 by filing this appeal. Smt. Premwati was the step mother of Dharampal, appellant, and Shishpal was his step brother and Shishpal waf married to Arwati, deceased. Smt. Premwati was murdered and Shyam Lal and Smt. Arwati were tried for the murder of Smt. Premwati. Shyam Lal was found guilty and Smt. Arwati was acquitted. Shyam Lal was released on bail and after that it is alleged that he developed illicit relations with Smt. Arwati to the disliking of Dharampal, appellant. As per the prosecution version Dharampal was having motive to kill Shyam Lal and Smt. Arwati on that account.

(3.) ON the post-mortem examination of the deadbody of Smt. Arwati nine anti-mortem injuries were found, which are as under : (1) Incised wound 1. 5" X 1. 2" X bone deep on the left eye brow just adjacent to it. Vertically placed spindle shaped clean cut edge. No tailing. (2) Contusion (three on the right side of fore-head in an area of 4 1/2" X 2" largest being 1 1/2" X 1" while smallest being 1/2" X 1/2" (3) Incised wound 1. 5" X 1/2" X 1/2" on the (sic) space. Left thumb index finger. (4) Incised wound j" X k" bone deep on the base of left index finger (metacarpal root ). (5) Incised wound 1 1/2 x 1/2''x skin deep on the inner side of left hand 1 1/2. " from the ulna styled process. (7) Punctured wound 3" x 1 1/2" X cavity deep on the left side of upper part abdomen 1 1/2" above umbilicus at 1. 0 o'clock position vertically placed. Spindle shaped, clean cut edge large bowel and small bowel is coming out of the wound. No tailing present. (7) Punctured wound 4" x 2' X cavity deep on the middle of abdomen 1/2" below injury No. 6 vertically placed. Clean cut edge spindle shaped, small bowel is protruding out from the wound. No tailing present, going to liver. (8) Abrasion in an area V x 2" on the right thigh upper part largest being 1 1/2" X 1/2" while smallest being 1" x 1/2". 9. Abrasion 3" X 1 1/2" on the upper part of left thigh.