ISHWARI RAM Vs. STATE OF U P

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (herein after referred as Cr. PC.), is directed against the judgment and order dated 30. 09. 1993, passed by IIIrd Additional Sessions Judge, Nainital, in Sessions Trial No. 127 of 1991, whereby accused/ appellant Ishwari Ram, is con victed under Section 302 and also un der Section 307 of Indian Penal Code, 1860 (herein after referred as I. PC.), and sentenced to undergo imprisonment for life (under Section 302 I. PC.), and rigorous imprisonment for a period of five years (under Section 307 I. P. C.)

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

(3.) BEFORE further discussions, we think it just and proper to mention here the injuries found on the person of de ceased Diwan Singh, deceased Narendra Singh and injured Alam Singh by P. W. 6 Dr. RD. Pande on 28. 02. 1991, when the three were taken in an injured con dition to Base Hospital, Haldwani. Injuries found on the person of Diwan Singh at the time he was taken to hospital, which are recorded in Ext. A-7, are being reproduced below : 1. Wound of exit 5cm x 4cm x depth under observation. On right side of abdomen 5cm above and lateral to umbilicus. Bleeding present. 2. Wound of entry. 5cm x. 5cm x depth under observation Right back 1. 5cm right to midline and 13cm above and posterior to spine right side. Bleeding present. No blackening and tat tooing present. Injuries found on the person of Narendra Singh before his death, by Dr. RD. Pande (P. W. 6), which are recorded in Ext. A-8, are reproduced below : 1. Wound of entry on right side ab domen, 3. 5 cm below umbilicus. 5cm x. 5cm x depth under ob servation. Bleeding present No blackening and tattooing present- 2. Wound of exit 3cm x 2cm x depth under observation on right hip 5. 5cm above and right from top of anal furred. Bleeding present. Injuries found on the person of Alam Singh on the same day by the same Medical Officer, which are recorded in Ext. A-9, are reproduced below : 1. Wound of entry. 8 x. 5. cm x depth under observation on left forearm. Exterior aspect, 8cm above wrist joint. Bleeding present. No blackening, and tatooing present. 2. Wound of exit 2cm x 1cm x depth under observation on left forearm back, 13cm above wrist joint. Bleeding present.