ABIL ALIAS ADIL Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) PRAFULLA C. Pant, J. These two appeals, preferred under Section 374 (2) of Code of Criminal Pro cedure, 1973 (hereinafter referred as Cr. P. C.), are directed against the same judgment and order dated 07-05-2007, passed by learned Additional Sessions Judge IInd, Dehradun, in Sessions trial No. 48 of 2004, whereby accused / ap pellants Abil alias Adil, Usman, Zeeshan and Imdad, are convicted under Section 302 read with Section 34 of Indian Pe nal Code, 1860 (hereinafter referred as I. PC.) and each one of the convicts/ap pellants is sentenced to undergo impris onment for life and to pay fine of Rs. 10. 000/ -. In default in payment of fine, the defaulter is directed to undergo fur ther two years rigorous imprisonment. It is also mentioned in the impugned judg ment that l/4th of the fine shall be paid as compensation to the widow of de-ceased-Maksood.

(2.) HEARD learned counsel for the parties and perused the trial court's record.

(3.) BEFORE further discussions, it is pertinent to mention here the injuries found on the person of Maksood (de ceased) by P. W. 4 Dr. A. K. De, who re corded the same on 12-12-2003, at about 7:00 p. m. at the time of his ad mission in Community Health Centre, Doiwala, and prepared injury report (Ext. A- 5 ). The same are being reproduced below : 1. Incised wound on left side of head about 9 cm above the left ear pinna. " Size about 4cm x. 5cm x scalp deep. Fresh blood is present, 2. Incised wound on left cheek about 1. 5cm below lateral angle of left eye. 3. Abrasion on left nostril. Size about 2cm x 1 cm. Fresh blood is present. 4. Incised wound on chin. Size 3. 5cm x. 5cm x muscle deep. Fresh blood is present. 5. Abraded contusion with trau matic swelling on dorsal aspect of left forearm about 10cm above wrist joint. Size about 7cm x 6cm. Fresh blood is present.