DAYA SHANKAR Vs. STATE OF U P

JUDGEMENT

(1.) -These are two connected appeals on behalf of the appellants. The accused Daya Shankar preferred Criminal Appeal No. 1305 of 1982 and accused Radhey Shyam, Kallu, Ram Kishore and Bhola had preferred Criminal Appeal No. 1336 of 1982 challenging the judgment and order dated 17.5.1982 passed by Sri L. S. Shukla, IVth Additional Session Judge, Fatehpur in Session Trial No. 318 of 1981. The accused Radhey Shyam and Bhola in Criminal Appeal No. 1336 of 1982 died during pendency of this appeal. We proceed to hear these appeals on behalf of accused Daya Shankar, Kallu and Ram Kishore.

(2.) ALL the appellants have been convicted under Section 302/149, I.P.C. and sentenced to undergo life imprisonment and one year R.I. each under Section 147, I.P.C. Both the sentences are directed to run concurrently .

(3.) AUTOPSY was performed on the body of the deceased on 15.2.1981 at 3.00 p.m. by Dr. V. K. Tripathi. According to post-mortem report, following ante-mortem injuries were found on the body of the deceased :