RAMANAND Vs. STATE O

JUDGEMENT

(1.) R. K. Rastogi, J. Both these appeals have been filed against the judgment and order dated 5. 10. 1998 passed by Sri R. K. Gupta III Addl. District and Sessions Judge, Etawah in S. T. No. 26 of 1997, State v. Ramanand and others under sections 302/34, 307/34, 366 and 376 I. P. C. , P. S, Phaphoond then District Etawah at present District Auraiya.

(2.) RAMANAND, appellants No. 1 is common in both the appeals. Pramod alias Guddu who is appellant No 2 in Criminal appeal No. 2249 of 1998 is appellant No. 3 in Criminal Appeal No. 2364 of 1998. Rama Kant is appellant No. 2 in Criminal appeal No. 2364 of 1998. Pramod alias Guddu (Appellant No. 2 in Criminal appeal No. 2249/98 and appellant No. 3 in Criminal appeal No. 2364/98) died during pendency of the appeals. Thus both the appeals stood abated so far as Pramod alias Guudu is concerned. All the three appellants were convicted in the aforesaid sessions trial and sentenced to life imprisonment under sections 302/34 I. P. C. , to ten years R. I. under section 307/34 I. P. C. and to seven years R. I. under section 366 I. P. C. Accused RAMANAND and Guddu alias Pramod were also convicted under section 376 I. P. C. and sentenced to 10 years R. I. After conviction RAMANAND and Guddu alias Pramod filed Criminal Appeal No. 2249 of 1998 challenging the above judgement and order and thereafter they also joined Ramakant in filing Criminal Appeal No. 2364 of 1998.

(3.) THE Injuries of Manish Kumar alias Bobi were medically examined on 30. 8. 1996 at 7 A. M. in P. H. C Bidhuna Etawah. He had a central gun shot wound size 1. 5 cm. x 0. 7 cm. x 0. 5 cm. Depth visible muscle deep on chest 4 cm. medial to the right nipple. THE central wound was surrounded by multiple gun shot wounds lying scattered in area 14 cm. x 13 cm on chest these gun shots were 52 in number size 0. 5 cm. in diameter x tissue deep circular and 0. 4 cm. in diameter x tissue deep circular in shape.