SHIVA SAHAI Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an appeal against a judgment and order dated 16-6-1978 passed by Sri J. N. Bansal, the then Ist Addl. Distt. & Sessions Judge, Bulandshahr, by which he has convicted the above named five appellants u/Secs 148, 201 and 302/149 IPC and has sentenced each of them to undergo rigorous imprisonment for 2 years, 3 years and life imprisonment respectively thereunder.

(2.) ACCORDING to the case of the prosecution, on the evening of 19-2-77 Iliyas deceased had spotted Gyani appellant cutting his mustard crop with a view to steal it. When Iliyas deceased raised objection, Gyani appellant abused him. Subsequently on the same day in the evening all the five appellants came to the field and told Iliyas deceased that he was considering high of himself and that he would be taught a lesson.

(3.) THE post mortem examination of the dead body of Iliyas deceased was made by PW 4 Dr D. B. Singh, the then Medical Officer, District Hospital Bulandshahr on 21-2-1977 at 4 P.M. He had found the following ante mortem injuries on the dead body of Iliyas :-