RAM LAKHAN Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order passed by Mr. D. N. Shukla, the then First Additional Sessions Judge of Banda on 22-9-1978. He found the appellants guilty on a charge under Section 302 read with 34 of the Indian Penal Code and also under Section 323/34, I. P. C. and convicted them accordingly but refrained from passing any order under Section 323 read with 34, I. P. C. . and limited his order of sentence to Section 302 read with 34, I. P. C. . and punished the appellants with imprisonment for life.

(2.) DURING the pendency of this appeal, Ram Dutt-appellent was reported to have died. An enquiry was made and the report of the Chief Judicial Magistrate having been accepted, his appeal was directed to abate. The appeal remained only on behalf of Ram Lakhan and Mukund Lal.

(3.) NATTHU was transported to the Male-Female Hospital Karvi where Dr. Raj Naraia Gupta examined him for his injuries on 6-10-1975 at 8 30 p. m. and noted his injuries in the injury report. The injured was found having received one lacerated wound 4 cms. x 1 cms. X bone deep on the right side of the head 9. 5 cms. above the ear with swelling around the wound in an area of 8. 5 cms. X 6 cms. The wound was obliquely placed, which was bleeding and X-ray was advised. He had also aorasions with swelling in an area of 21 cms, x 9 cms. on the outer aspect of the left arm extending from middle of the arm lower down to the fore arm, This was also placed obliquely (but looked almost vertically placed ). It was red in colour. X-ray was advised. There was a third injury which was a lacerated wound in an area of 4. 5 cms, x 1. 5 cms. x bone deep on the front of the middle of left leg. It was vertically placed and was bleeding. Last injury was a bruise with swelling 5 cms x 3 cms, on the front of left Ig 3 cms. above the injury No. 3. For it also X-ray was advised. General condition of the patient was poor. Pulse was not perceptible at wrist, Pupils were constricted. Vomitting was present. There was restlessness also.