MANNU Vs. STATE OF U P

JUDGEMENT

(1.) BHAGWAN Din, J. This criminal ap peal has been directed against the order dated 29-1-1985 passed by the Sessions Judge, Ghazipur in Sessions Trial No. 76 of 1981, convicting the appellants under Sec tion 304, I. P. C. and sentencing him to un dergo R. I. for a period of 7years.

(2.) ON 15-10-1980, Sheochand carry ing a number of injuries on his person was admitted by Bhaglu at 1. 10 a. m. , Dr. K. K. Srivastava, PW 6 examined the injuries of the injured and prepared the injury report Ext. Ka-7. ON the call given by Sri Brindavan Bihari Lal, ASDM, Ghazipur (as then he was) reached the hospital, recorded the dying declaration, Ext. Ka-18 in presence of doctor, who certified that the injured was in fit state of mind to give his statement.

(3.) THE trial Court was of the view that the accused Dhannu and Gurcharan were innocent and they have not committed the alleged offence per se they have not been named by the deceased in his dying decla ration, to have caused injuries. Hence, convicted the appellant Mannu alone under Section 304, I. P. C. simplifier and sentenced him as above.