GHUR BEGAN ALIAS RAJ KUMAR Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 (2) of Code of Criminal Procedure, 1973 (for brevity herein after referred as Cr. P. C.) is directed against the judgment and order dated 04-11-1999, passed by learned Special Judge (E. G. Act)/additional Sessions Judge, Nainital in Ses sions Trial No. 310 of 1995 and Ses sions Trial No. 306 of 1995, whereby appellant Ghur Began alias Raj Kumar, has been convicted under Section 307 of Indian Penal Code, 1960 (for brevity herein after referred as I. P. C.), and ap pellant Paramanand is convicted under Section 307 read with Section 34. I. P. C. and each one of them is sentenced to undergo rigorous imprisonment for five years and also to pay fine of Rs. 2. 000/ - in default of payment of which the de faulter is directed to undergo simple im prisonment for two months.

(2.) HEARD learned counsel for the parties and perused the record.

(3.) BEFORE further discussions, it is pertinent to mention here the injuries found on the person of injured Tej Narayan on the date of the incident, as recorded in Ext. A-12 by P. W. 8 Dr. J. S. Pangti. The injuries recorded, are as un der : 1. Incised wound curved 15cm x 2cm over front of neck, under line muscle, vein, cut thrachea, air coming through wound, be tween chin and Momubru bone, profuse bleeding present from the wound. 2. Incised wound 2cm x cm x muscle deep between index and thumb of left hand, profuse bleeding from wound, third ves sel also cut under the wound. 3. Abrasion 1cm x cm over tit tle finger of right hand, bleeding from wound present.