ASHOK KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment and order dated 25.8.1982, passed by the IVth Additional Sessions Judge, Badaun, in S.T. No. 257 of 1981, whereby convicting the appellant alongwith two others for the offence under Section 302 with the aid of Section 34, I.P.C. and sentencing each of them to rigorous imprisonment for life. The Appeal No. 2077 of 1982 preferred by co-accused Bhajan Lal and Mathuri against the impugned judgment and order has been dismissed as abated.

(2.) BRIEFLY stated the prosecution case at the trial was that in between night of August 19/20-1980 at about 2.30 a.m. accused-appellant armed with gun, co-accused Bhajan Lal armed with country-made pistol and Mathuri carrying a lathi came to the gher of first informant where his cattle and mare were tied and said loudly that they were taking away the mare. On hearing this the first informant Babu Ram (P.W. 1) his son Chandrapal (victim) nephew Shreepal (P.W. 2) woke up and flashing torch light saw the accused persons with arms. One of them opened fire at his son Chandrapal but he had a narrow escape. Hearing the alarm witnesses Ishwari (P.W. 3), Kishan Lal (P.W. 4), Harnam Singh and Viresh reached there carrying lathis and torch. Seeing the pressure mounting the accused persons went out of the gher. They were chased by Chandrapal and other witnesses. The accused-appellant and co-accused Bhajan Lal (since deceased) opened fire from gun and country-made pistol at Chandrapal near the chaff store situated in the gher. The victim died on the way to the police station.

(3.) THE autopsy on the dead body was conducted by Dr. Ravi Bhushan Abbhi (P.W. 8) on 20.8.1982 at 4.45 p.m. and following ante-mortem injuries were found :