KANHAI Vs. STATE OF U P

JUDGEMENT

(1.) MR. C. L. Anand, the then III Additional Sessions Judge, Farrukhabad at Fatehgarh vide his order dated 17-3-1978, passed in Sessions Trial No. 339 of 1976, found the appellant Kanhai guilty for the murder of Pati Ram on a charge under section 502 IPC, convicted him accordingly and sentenced him to imprisonment for life. Against this order and judgment Kanhai appellant has come up to this Court through this appeal.

(2.) THE victim in this case is one Pati Ram and he is credited with having lodged the first information report also after having sustained serious injuries as a result of which he subsequently died. THE occurrence took place on 20-4-1974 at about 8 P. M close to the grove of Liaq Ram and the railway line towards its south within the area of the village Khandiya, Police Station Maudarwaza, District Farrukhabad.

(3.) THE bed head ticket was also brought in court which has also been exhibited and it shows that Patiram's condition was bad and he was not in a position to answer to the questions put to him properly. He was, however, admitted and treatment was given to him, but inspite of this he expired on 23-4-1974 at 10.15 P. M. Postmortem!- examination on the dead-body was conducted by Dr. S. C. Pandiya on 24-4-74 at 1 P. M. THE cause of death was syncope which had been caused as: a result of peritonitis on account of injuries to abdomen and intestines. Tie post-mortem examination report is Ext.Ka-2 on the record. THE following were the ante-mortem injuries on the dead-body :-