LIYAKAT Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr. PC.), is directed against the judgment and order dated 14-09-1993, passed by learned Additional Sessions Judge, Roorkee, in Sessions trial No. 525 of 1988, whereby accused / appellant Liyakat S/o Shahid has been convicted under Section 302 of the Indian Penal Code, 1860 (here inafter referred as I. PC.) and sentenced to undergo imprisonment for life.

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) BEFORE further discussion, it is pertinent to mention here the ante mortem injuries found on the body of the deceased at the time of postmortem examination, which are recorded by Dr. Arun Kumar Jain (P. W. 6), who con ducted the postmortem examination and prepared the autopsy report (Ext. A-4) on 29-05-1988. The ante mortem inju ries are being reproduced below : I) "incised wound 11 cm x 8 cm x bone deep on top of left shoulder with edges clean cut and contused with major vessels and soft tis sues divided, and fracture of head of left humerous tailing towards arm. ii) Incised wound 13 cm x 8 cm x bone deep on back of neck extending from external oc cipital protuberance of head to the level of cervical 5 ver tebra below with clean cut and contused edges dividing major vessels, soft tissues and fracture of cervical ver tebra, tailing towards right side. " The Medical Officer opined that cause of death was shock and haemor rhage due to the ante mortem injuries. The aforesaid report establishes the fact on the record that Liyakat S/o Abdulla died a homicidal death and was mur dered by causing the injuries, as men tioned above. Now, the question is whether the accused / appellant Liyakat S/o Shahid committed murder of the de ceased Liyakat S/o Abdulla, or not ?