SIDH NATH Vs. STATE OF U P

JUDGEMENT

(1.) M. M. Lal, J. This is an appeal against a judgment and order dated 12-9-1978 passed by Sri J. P. Sinha, the then 1st. Addl. District and Sessions Judge, Farrukhabad by which he had convicted Sidh Nath appellant under Sec tions 302 and 324, I. P. C. and has sentenced him to undergo imprisonment for life and rigorous imprisonment for a period of six months respectively there under.

(2.) MATHURA Prasad has three sons, namely Sidh Nath appellant, P. W. 1 Roop Lal informant and Raja Ram, P. W. 5 Km. Meera, Sadhana injured and Guddi deceased are the daughters of said Roop Lal P. W. 1, P. W. 3 Arvind, Devendra Ravindra and Virendra are the sons of aforesaid Raja Ram, All of them are residents of Nangapurwa, hamlet of village Larhpur, P. S. Gurshaiganj, district Farrukhabad.

(3.) IN order to prove its case the prosecution examined P. W. 1 Roop Lal informant and three eye- witnesses namely P. W. 3 Arvind, P. W. 5 Km. Meera and P. W. 6 Baboo Ram Dohrey P. W. 2 Virendra was a formal witness. He was scribe of the report, which he had written at the dictation of Roop Lal P. W. 1 P. W. 7 Narno Narain Tiwari constable had taken the deadbody of Km. Guddi for post mortem examination. The post mortem examination of the deadbody of Km. Guddi was conducted by P. W. 4 Dr. Shabbir Husain, the then Medical Officer, District Hospital, Fatehgarh on 5-3-1977 at 3 p. m. He found the follow ing ante-mortem injury on the dead body of Km. Guddi, Gun shot wound of entry 1/10" into grain deep on left side of head. 2 above left ear, margin inver ted. IN the internal examination he found that the bone under the wound was perforated and the membrances of the brain were also perforated. The brain was lacerated and in an area of 1" X 1" the blood had clotted, and the blood clooting was upto spinal chord.