STATE OF U P Vs. MUNNAWAR

JUDGEMENT

(1.) M. Chaudhary, J. Since both the appeals and criminal revision have arisen out of one and same judgment and order dated 30th of May, 2002 passed by ASJ-Fast Track Court No. 3, Meerut in Sessions Trial No. 1211 of 2000, State v. Munnawar and others, all the three have been taken up and heard together and are being disposed of by this common judgment.

(2.) THIS Criminal Appeal has been filed on behalf of the accused appellants from judgment and order dated 30th of May, 2002 parsed by ASJ-Fast Track Court No. 3 Meerut in Sessions Trial No. 1211 of 2000, State v. Munnawar and others, convicting the accused appellants under section 307 IPC and sentencing each of them to four years' rigorous imprisonment and a fine of Rs. 5000. 00 with default stipulation. All the three accused above named were acquitted of the charge levelled against them under section 302 IPC by the impugned judgment.

(3.) INJURED Fateh Mohammad was medically examined by Dr. Anil Kapoor, Surgeon which revealed below noted injuries on his person: 1. Lacerated wound 2 cm x 1 cm x depth not probed with inverted margins on right side of chest 8 cm from right nipple at 2 O'clock position, fresh bleeding present. Tattooing also present in an area of 17 cm x 4. 5 cm. 2. Tattooing present in an area of 9 cm x 3 cm without any wound over right side neck obliquely and vertically starting at the level of mastoid process and 4 cm. posterior thereto. 3. Lacerated wound 5 cm x 2 cm x depth not probed with inverted margins on left side of face 2 cm below left eye fresh bleeding present. Tattooing present around the wound in an area of 6 cm x 5 cm. 4. Lacerated wound 3 cm x 1 cm x depth not probed with inverted margins on back of left hand 13 cm below left acromion process, fresh bleeding present. Tattooing present in an area of 4 cm x 3 cm around the wound. 5. Lacerated wound 1 cm x 1 cm x depth not probed with inverted margins over anterior lateral side of left forearm, fresh bleeding present.