ASLAM Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under section 374 of Code of Criminal Procedure, 1973 (hereinafter re ferred as Cr.P.C), is directed against the judgment and order dated 17.2.1994, passed by learned Sessions Judge, Harid-war, in Sessions Trial No. 77 of 1993 and Sessions Trial No. 68 of 1993, whereby said Court has convicted accused/appellant Aslam, under section 302 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.). The appellant (convict) has been sentenced to undergo imprisonment for life.

(2.) HEARD learned Counsel for the parties and perused the Lower Court Rec ord.

(3.) BEFORE further discussions, we think it just and proper to mention the ante-mortem injuries found on the person of the deceased by P.W.6 Dr. S.K. Jain, on 26.8.1991, at the time of the post-mortem examination, recorded in Autopsy Report (Ext.A-10), which are being reproduced below: - (i) Firearm wound of entry, circular in shape with inverted margins, 1.7 cm x 1.2 cm x buckle cavity deep, with lacerations in an area of 4 cm x 3 cm x muscle deep around the wound of entry. This wound is sur rounded by slight blackening. Wound of entry is situated on right cheek 4 cm below middle of right eyebrow and wound is directed upwards and towards on left side, (ii) Firearm wound of exit with exerted margins, 10 cm x 5 cm x communicating with wound of entry in front and with cervical vertebrae deep at back, situated 1 cm below left mastoid process and on the left side of neck 2 cm below left ear. On opening, there are fractures on upper jaw of mandible on both sides of nasal bone, frac ture of right maxillae, fracture of left maxillae and fracture of 2nd cervical vertebrae through and through. Fracture was also found on left tempo ral bone and middle fossae on left side ex tending to middle fosse right side.