DEEPAK KUMAR GARG Vs. STATE OF U P

JUDGEMENT

(1.) U. K. Verma, J. This is an appeal against the judgment of Sri N. B, Asthana, 1st Additional Sessions Judge, Meerut dated July 31, 1984 convicting the appellant Deepak order under Section 302 read with Section 34 of the Indian Penal Code and sentencing him to undergo imprisonment for life.

(2.) THE uncontroverted facts are that at about 6. 20 p. m. on 22-6-1981 Praveen Kumar alias Pappi and Rajiv Saw Kishore Kumar lying injured in front of Praveen's house. Both Praveen and Rajev went to the clinic of Dr. Narendra Nath Sharma situate in Gandhi Nagar to bring him for his treatment. Dr. Narendra Nath Sharma respondent to their request. He found Kishore Kumar to be in need of a surgeon's attention immediately. Ajai Kumar who had also arrived there by his car, took Kishore Kumar to the Emergency Ward of the Medical College, Meerut along with Dr. Narendra Nath Sharma and Praveen Kumar. THE Surgeon on call duty at that time was Dr. Sudhir Kumar Bhargava and so Dr. Narendra Nath Sharma rushed by Ajai's Car to his house to bring him. Dr. Sudhir Kumar Bhargava could not be contacted as he was nut at his house then. Dr. Narendra Nath Sharma returned to the Emergency Ward of the Medical College and after finding out the location of the house of Kishore Kumar went to inform his relatives about him. He met Anil Kumar Pokharyal, the elder brother of the injured and told him about his serious condition. Dr. Narenara Nath Sharma brought Anil Kumar Pokharyal in the car up to the gate of the Medical College. He dropped him there and proceeded to the house of Dr. Bhargava, THE wife of Dr. Bhargava told Dr. Sharma that he could be at the Nursing Home of Dr. Rajpal or at his own clinic. Dr. Narendra Nath Sharma from the house of Dr. Bhargava came to the Emergency Ward of the Medical College, He took Anil Kumar Pokharyal along with him to the clinic of Dr. Bhargava. On being informed of the condition of Kishore Kumar, Dr. Bhargava went to the Emergency Ward of the Medical College on his scooter Anil Kumar Pokharyal dropped Dr. Narendra Nath Sharma at his clinic by the car and himself went to the Medical College.

(3.) THE post-mortem examinations had been done by Dr. Vijai Singh at 4. 00 p. m. on 23-6-1981 and the relevant portions of the post-mortem report of Dr. Vijai Singh P. W. 5 are as hereunder : - (1) Stitched wound 18 cm. long over the abdomen containing 14 stitches. Besides this stitched wound, he found 2 other stitched wound measuring 4 cm. and 3 cm. in length respectively. (2) 2 cut open wounds stitched one on the left wrist and the other on the lower part of the left foot. Upon internal examinations peritoneum was found stitched at a number of places, one ounce faecal matter and blood was found in the peritoneal cavity. Small intestine was stitched at two places and the large intestine at four places. Two stitches were also found in the lever. According to the doctor, death was caused as a result of shock and haemorrhage which was the result of the injuries upon the dead body.