IQBAL AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) V. P. Mathur, J. The appellant Iqbal Ahmad son of Abdul Sattar, r/o village-Mahgaon, P. S. Pura Mufti, District-Allahabad has come up against the order of his conviction under Section 302 I. P. C. and sentence of life impri sonment and additional conviction under Section 323 I. P. C and sentence of rigorous imprisonment for one year, passed by Mr. B. N. Srivstava, the then IV Additional Sessions Judge. Allahabad on 25-5-1978.

(2.) THE deceased in this case is Saeed who was brother of P. W. 2 Raees Ahmad and also resident of village-Mahgaon. This occurrence took place on 5-1-1971 at about sunset which will be near about 6 p. m. THE ffrst information report was lodged by Bashir injured (P. W. 1) in police station Pura Mufti, District, Allahabad which is at a distance of five miles from the place of occur rence at 7-00 p. m. on 5-1- 1971. Saeed died on the spot an Bashir sustained injuries.

(3.) ON 6-1-1971 the inquest on the deadbody was conducted by P W 7 Lalta Prasad Singh, Investigating Officer. The deadbody was then sent for post mortem examination to the mortuary which was conducted by Dr K K Khanna (PW6) in the District Hospital at MO p. m. on 7-1-1971. The post mortem report is Ext. Ka. 10. The doctor found four gun shot wounds on the anterior side of the chest, each wound being \" in diameter on the dead body. They were as follows :- (1) ONe wound of entry on right side 4" below and medial to the rieht nipple. (2) Three wounds of entry on the left side 4" below the left nipple anri 2" away from the wound No. 1. 3. There was one wound of exit on the posterior surface on the chest just below the inferior angle of the scapula" in diameter.