KALI RAM Vs. STATE OF U P

JUDGEMENT

(1.) THIS criminal appeal arises from the judgment and order of the IVth Additional Sessions Judge, Muzaffar Nagar dated 30.4.1982 convicting and sentencing the appellant Kali Ram to imprisonment for life under Section 302 read with Section 34, I.P.C. and three years' R.I. under Section 201 read with Section 34, I.P.C. Two co-accused Kohar Singh and Ram Singh have been acquitted of their charges under Section 302/34, I.P.C. read with Section 201/34, I.P.C. by the same judgment.

(2.) WE have heard Sri Vinay Saran, learned amicus curiae for the appellant and the learned A.G.A. and perused the judgment and record.

(3.) THE autopsy of the deceased was conducted on 21.11.1978 at 1 p.m. by P.W. 5 Dr. D. C. Mobar, who mentions the following ante mortem injuries on the person of the deceased : (1) Abrasion 1" x 1/4" on left side check bone not opened. (2) Abrasions in an area 6" x 1-1/2" on front of neck extending on either side. Size varying from 1-1/2" x 1" to 1/2" x 1/4". THE abrasions are interrupted. THEre is congestion of the tissues under the injuries.