CHANDRA PAL Vs. STATE

JUDGEMENT

(1.) M. M. Lal, J. Both these appeals arise from the same judgment and order dated 9-3-1981 passed by Sri V. K. Jain, Sessions Judge, Unnao whereby he has convicted Chandrapal appellant under Sections 302/34, IPC and 323, IPC and has sentenced him to undergo imprisonment for life and six months R. I. respectively, thereunder and has convicted Bhagwandin appellant under Section 302, IPC and has sentenced him to undergo imprisonment for life.

(2.) DORI and Kusehar were two real brothers. DORI had a son named DORI. Bhagwandin and Chandra Pal appellants are the sons of said DORI. Kusehar on the other hand had two sons named PW 1 Dayal injured and Khilari who has been murdered in this incident Scot. Lachhminia injured is the widow of said Khilari. They have a son named Chhedi. Smt. Rajola is the wife of said Chhedi. The parties are the residents of village Bhadin, P. S. Purwa, district Unnao.

(3.) IN support of its case the prosecution examined PW 1 Dayal informant and PW 2 Smt. Lachhminia injured PW 3 is Dr. S. M. Tripathi who was Medical Officer, District Hospital Unnao. He had conducted the postmortem examination of the dead body of Khilari on 29-11-1981 at 2 p. m. He had found the following ante-mortem injuries on the dead body of Khilari : 1. INcised wound "2 "x " bone cut on front of head 3" above the bridge of nose. 2. INcised wound 2 "x 3/4" x bone cut on right shoulder top. Acromin process of scapula was fractured. 3. INcised wound 3/4"x "x muscles deep on right arm back 3" above the elbow. 4. INcised wound 3/4"x "x 1" deep on right thigh front and middle. 5. INcised wound 1 "x "x bone deep on left side back of neck middle part.