HARBHAJAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -These appeals have been filed against the judgment and order dated 17.10.2006 passed in S.T. No. 355 of 2004 by Additional Sessions Judge, Court No. IX, Moradabad, whereby the appellants have been convicted under Section 302/34, I.P.C. and sentenced to death and further pay a fine of Rs. 5,000 and in default of payment of fine two year's further R.I. They are further convicted under Section 201, I.P.C. and sentenced to R.I. for 7 years and fine of Rs. 2,000 and in default of payment of fine one year's further R.I.

(2.) REFERENCE is for confirmation of the death sentence of the appellants.

(3.) THE post mortem on the dead body of Veer Singh was conducted by Dr. Surendra Singh on 6.2.2004 at 3 p.m. THE probable time since death was about 3 days. In the external examination he noted the dead body was of average built and average muscularity. Rigor mortis absent from upper and lower extremity, foul smell present, skin bullar present, garnish discoloration on abdomen and chest present. Abdomen and scrotum and penis distended. Maggots present. Scalp of forehead and parietal region not present exposing frontal and parietal bone. Right ear and muscle and skin of face not present appear to be destroyed (eaten) by maggots, some insect or gowned by some animal. Eye in both socket not present. Scalp hair are loose and easily detachable. Nail of finger and toe is detachable.