PRADEEP AND ANOTHER Vs. STATE OF U.P.

JUDGEMENT

(1.) PRESENT ap­peal has come up before me vide order dated 23.2.2009 passed by Hon. C.J. upon a reference being made under section 392 Cr.P.C. It would appear that the aforesaid appeal was heard by the Division Bench consisting of Hon. S.S. Kulshrestha and Hon. B.A. Zaidi JJ. and the judgment was reserved on 6.5.2008. Subsequently, on ac­count of Hon. Judges being divided in opinion, both the Hon., Judges wrote their separate judgments in the appeal which are placed before me for my opinion under section 392 Cr.P.C.

(2.) UPON the matter being referred to me for opinion under section 392 Cr.P.C, I have heard Sri P.N. Mishra learned Senior Counsel appearing for the accused appel­lant and also learned Government Advo­cate for the State at prolix length and have also been taken through the entire record including judgement rendered by both the Hon. Judges.

(3.) THE autopsy was conducted by Dr. Ra­jesh Singh who found the following injuries on the person of the deceased Dinesh.