BIRJU Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This appeal arises out of impugned judgment and order dated 11.2.1987 passed by IV Additional Sessions Judge, Bulandshahr in Sessions Trial No.471 of 1985, convicting the appellant under Sections 302 and 452 of IPC and sentencing him to undergo imprisonment for life and two years rigorous imprisonment respectively.

(2.) As per prosecution case, in the night intervening 18/19.7.1985, accused appellant Birju, acquitted accused Rame and two other persons entered the house of deceased-Kunvar Pal and caused gunshot injury to him. Injured was immediately taken to the Government Hospital, Bulandshahr from where, considering his serious condition, he was referred to All India Institute of Medical Sciences, (AIIMS) New Delhi where, during treatment, he died on 24.7.1985. In the meanwhile, on 21.7.1985, on the basis of written report Ex.Ka.1 lodged by (PW-1) Fatah Singh, FIR Ex. Ka.16 was registered against the accused appellant, acquitted accused Rame and two other unknown persons under Sections 452 and 307 of IPC.

(3.) After the death of the deceased, inquest Ex.Ka.11 was conducted on his body on 24.7.1985 and the body was sent for postmortem which was conducted on the same day by (PW-4) Dr Rohitashwa, vide Ex.Ka.7.