PRAKASH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. Prakash Chandra, Rajendra, Tara Chandra, Rajau alias Raja Ram, Ram Raj and Bhanu Prakash, the six appellants have questioned their conviction under Sections 148, 302/149, I. P. C. and sentences for two years R. I. and life imprisonment respectively passed by IInd Additional District and Sessions Judge, Fatehpur on 31-5-1982 in Sessions Trial No. 222 of 1979, State v. Prakash Chandra and Ors. .

(2.) OUT of the aforesaid appellants, appellant No. 1 Prakash Chandra, appellant No. 2 Rajendra and appellant No. 3 Tara Chandra had died and therefore, their appeal was abated by us on 20-4-2007. This leaves us to decide the appeal filed by appellants Nos. 4 to 6, namely, Rajau alias Raja Ram, Ram Raj and Bhanu Prakash.

(3.) THE post-mortem report of the dead-body of the deceased was performed on 8-11-1978 at 1. 00 p. m. by doctor B. K. Agrawal, P. W. 4 who found following injuries on it : 1. One gunshot wd. On entry 1/4" x 1/4" x brain deep on the (R) side back (paper Torn) 1-1/2" behind (R) ear. Margin inverted, Blackening and Tattooing absent. 2. One gunshot wd. of entry 1" x 1" x chest cavity deep on the front of chest 1-3/4" away from left nipple at the same level. Margin inverted, Blackening and Tattooing present. Direction for front to back. 3. Multiple gun shot wds. of entry 1/8" x 1/8" x abdominal cavity deep on the left side abdomen in an area of 6" x 5" and 3" above (L) iliac crest. Margin inverted, Blackening and Tattooing absent. Direction left to right. 4. One nun shot wd. of entry 1/2" x 1/2" x muscle deep on the front of (L) thigh 5" below left anterior superior iliac spine, Blackening and Tattooing present. Margin inverted, Direction from below upwards. 5. One gunshot wd. of exit 3/4" x 3/4" x muscle deep on the left back in middle 2" away from midline and 3" above post superior iliac spine. Margin everted, Blackening and Tattooing absent.