ATIQUNNISAN Vs. STATE OF U P

JUDGEMENT

(1.) D. K. Irivedi and I. P. Vashishth, JJ. The present Criminal Appeal arises out of the judgment and order dated 31-5-1979 passed by the III Additional Sessions Judge, Barabanki convicting the appellants under Section 302/34i. P. C. and sentencing each of them to Imprisonment for Life and further convicting them under Section 201/34 I. P. C. and sentencing them to undergo Seven Years' Rigorous Imprisonment. Both the sentences were ordered to run concurrently.

(2.) THE incident, according to the prosecution case took place on or about 22-3-1994 at about mid-night in the house of Mohammad Sami deceased situate in vil lage Asumau Police Station Rudauli Dis trict Barabanki.

(3.) THE post mortem on the dead body of Mohammad Sami was conducted by P. W. 8 Dr. H. O. P. Jha on 5- 4-1974 at about 4-00 P. M. and the Doctor found the following ante mortem injuries on the dead body of the deceased. THE post mortem report is Ext. Ka-7. "incised wound over front of neck 1/4" below cricoid cartilage on the left side of the neck tailing towards back part of the neck measuring 3 1/2" x 2" x 3/4 x Trachea and oesophagus had been cut and that the cut was a clean one. THE left carotid had been completely cut. THE Muscles and veins below this injury had been cut. "