MAHMOOD ILAHI Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an appeal against the judgment and order dated 24-6-78 passed by Sri R. P. Jain, the then Sessions Judge, Etawah, by which he has convicted Mahmood Ilahi, appellant under Sections 302/34 I.P.C. and has sentenced him to undergo imprisonment for life.

(2.) WHEREAS Ghulam Abbas deceased aged about 45 years was a resident of village Hajji Ka Purwa, P. S. Phaphund. Mahmood Ilahi appellant was resident of Mohalla Saidwara in village Phaphund. Ghulam Abbas deceased had, also a house in the said Mohalla Saidwara in village Phaphund. Sometimes Ghulam Abbas used to reside with his family in Mohalla Saidwara in village Phaphund.

(3.) ON the next day, i.e., 4-9-1977 at 8 a. m. Ghulam Abbas went to police Station Phaphund, where he lodged a report of the incident under Section 323, I. P. C.. Ghulam Abbas deceased then went to District Board Hospital at Pha phund, where his injuries were examined by a medical expert on the same date at 10 03 a. m. His medicai evidence revealed that he had sustained the following injuries : (1) Lacerated wound on upper border of occipital bone of skull. Trans- versaly measured 2| cm. x 2 cm x 1 cm margins were irregular. Discharge was serious. (2) Contused wound on right parietal region. 3 cm from upper border of pinna on right side of skull. Margins were not clear cut, clotted blood was present tender odeme was also present. Measured U era x 1 cm. (3) Contusion on right side of chest on lower ribs, measured 9 cm x 2 cm bluish in colour tender transgersely. (4) Abrasion right elbow joint on oleronen process measured 1 cm x 1 cm crest formed joint was tender. (5) Lacerated wound on left side of perineum measured 1 cm X 1 cm irregular margins. Blood clotted around the wound. (6) Contused wound on top left shoulder 1 cm x 1 cm x skin deep blood clotted around the wound. (7) Abrasion on left hypochondrium 2 cm X cm crest formed.