UDAL Vs. STATE OF U P

JUDGEMENT

(1.) MADAN Mohan Lai, J. These two appeals have been filed against the judgment and order dated 9-3-1978 passed by Sri R. K. Gupta, the then Ses sions Judge, Etah by which he has convicted Shyaq Ali appellant under Section 302,1. P. C. and has sentenced him to imprisonment for life and has convicted Udal appellant under Section 326/34, I. P. C. and has sentenced him to rigorous imprisonment for four years. As these appeals arises from the same judgment, hence both these appeals have been heard together and arc being disposed of by this judgment.

(2.) LAL Khan deceased and both the appellants were residents of the same place, i. e. Qasba Bilram, Police Station Kasganj, Distt. Etah. According to the case of the prosecution at 4 p. m. on 26-4-76 a dispute had taken place between LAL Khan deceased on the one hand, and both the appellants, on the other. As a consequence of the said quarrel, on 26-4-76 at about 7. 30 p. m. Shayaq Ali, armed with a knife, and Udal appellant, barehanded come in front of the house of LAL Khan deceased and called him outside. When LAL Khan deceased came out in the street Udal appellant caught hold of him and Shayaq Ali appellant then gave a knife blow to him as a result of which he sustained serious injury in his abdomen. A noise had been raised which attracted Munna, Maqsood and others to the place of occurrence, whereupon the appel lants ran away towards north, LAL Khan got a report of the incident written and he then went to the Police Station Kasganj, situated at a distance of four miles, where he handed over the said report, on which a case under Section 307, I. P. C. was registered. LAL Khan was then sent to P. S. C. Kasganj, where from where he was referred to Mission Hospital, Kasganj, where he expired on 2-5-76 at 9 a. m. The case was then converted and registered under Section 302,i. P. C.

(3.) P. W. 7 Dr. S. N. Bhatnagar, the then Deputy Chief Medical Officer, Etah had conducted the post mortem examination of the dead-body of Lal Khan on 2-5-76 at 5-30 p. m. and he had found the following ante-mortem injury on the dead body :- 1. Horizontal stitched wound B. 5 cm long 2 cm above the unblious.