STATE Vs. MOHD HASHIM IQBAL

JUDGEMENT

(1.) THIS appeal, preferred under section 378 of the Code of Criminal Procedure, 1973 (hereinafter re ferred as Cr.P.C.) is directed against the judgment and order dated 3.2.1994, passed by learned Sessions Judge, Dehradun, in Sessions Trial No. 126 of 1991, whereby accused/respondent Mohd. Hashim Iqbal S/o Akhtar has been acquitted of the charge of offence punishable under section 302 of Indian Penal Code, 1860 (for brevity hereinafter referred as I.P.C.), and one punishable under1 section 25/4 of the Arms Act, 1959.

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

(3.) BEFORE further discussion, we think it just and proper to mention here the ante-mortem injuries found on the dead body of Pal (deceased), as mentioned in the autopsy report (Ext. A-33) prepared by Medical Officer Dr. Rakesh Shamshery (formal proof of the document was dis pensed with): (i) Incised wound 3 cm x 2 cm on the right side of abdomen about 2 cm away from umbilicus. Omentum and intestines protruding from the wound, (ii) Incised wound 5 cm x 1/2 cm on the right middle part of back. On internal examination, the Medical Officer found the peritoneum and stomach punctured. He also found that in the large intestine also there was punctured wound. In the opinion of the Medical Officer Dr. Rakesh Shamshery of Doon Hospital, as mentioned in the autopsy report (Ext. A-33) prepared on 4.8.1991, at 3:00 P.M., cause of death of the deceased was shock and haemorrhage due to ante-mortem injuries. The time between death and post-mortem examination is recorded by the Medical Officer in said report as 30-36 hours. The aforesaid medical report read with testi mony of P.W.I Narendra Pal Sharma, proves homicidal death of Pal (the de ceased).