BIRI SINGH Vs. STATE OF U P

JUDGEMENT

(1.) A. N. Dikshita, J. Appellants Biri Singh, Smt. Jai Devi and Ram Phal have filed this appeal being aggrieved against the judgment of the Special Judge, Agra dated 2-4-87 passed in S. T. No. 369 of 1985 convicting them under Section 302 read with Sections 34 and 498-A, I. P. C. arid sentencing them to death and 3 years' R, I. respectively.

(2.) BIRI Singh appellant is the son of Ram Phal appellant while Smt. Jai Devi is his mother (wife of Ram Phal ). Smt. Munni Devi (deceased) is the wife of BIRI Singh appellant.

(3.) NECESSARY investigation ensued. The dead-body of (the deceased] Smt. Munni Devi was sent for post- mortem examination which was conducted by Dr. A. P. Agrawal (P. W. 1) on 11-7-85 at 4 p. m. The following ante-mortem external injuries were found on the person of the deceased : (1) A braded contusion 1 'x on right side of neck 1 cm outer to mid line on front 2 above the inner and of clavicle. (2) Contusion 2. 2 x l on left side of neck, 1. 2 outer to mid line on front 1 above the inner and of clavicle. (3) Contusion I X 1 on right palm. (4) Abrasion x on front of right knee. (5) Two contusions x on the posterior aspect of left knee 1 apart. (6) Abrasion -x on front of left knee.