DHANRAJ Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 (for brevity hereinafter Cr. P. C.), is di rected against the judgment and order dated 23-11 -1987, passed in Sessions Trial No. 81 of 1983, by the then learned II Additional Sessions Judge, Dehradun, whereby accused / appellant Dhanraj has been convicted under Section 302 and 307 of the Indian Penal Code, 1860. (for brevity hereinafter I. PC.), and sen tenced to imprisonment for life under Section 302 of the I. PC. , and rigorous imprisonment of five years under Sec tion 307 of the I. P. C. By the same judg ment and order accused / appellant Bishan Lal @ Kishan Lal and accused / appellant Mohan have also been con victed under Section 201 of the I. P. C. , and each one of them has been sen tenced to rigorous imprisonment for five years.

(2.) WE heard learned counsel for the parties and perused the entire record.

(3.) BEFORE further discussions, it is pertinent to mention here, the ante mortem injuries found on the dead body of Dilisara. The postmortem examina tion report (Ext. A-4) read with the statement of P. W. 4 Dr. O. P. Mishra, dis closes following ante mortem injuries on the dead body of the deceased, at the time of autopsy : 1. One big gunshot wound 2 inch 2 inch peritoneal cavity deep (wound of entry), (the margin of wound is scortched and loops of small intestine is coming out of this wound ). This wound is situ ated at left side of upper abdo men 3 inch below left costal re gion in anterior axilliary line. One lump removed from deep surface of this wound. 2. One gunshot wound (wound of exit) 3/4 inch x 1/2 inch peritoneal cavity deep, on upper part of right side of abdomen, just below the costal margin in anterior axilliary line. 3. Three gunshot wounds (wounds of exit) lying 3 inch apart from each other in right lumber area of abdomen. Two big irregular pel lets and 12 small irregular pellets were removed from the muscle planes of right side upper abdo men. The cause of death of Dilisara, ac cording to the Medical Officer, is due to shock with haemorrhage caused by gun shot injury.