Allahabad High Court
Budhraj Singh Son Of Shamsher ... vs State Of Uttar Pradesh on 26 May, 2006
Author: I Murtaza
Bench: I Murtaza, R N Misra
JUDGMENT Imtiyaz Murtaza, J.
1. Criminal Appeal No. 2731 of 2005 has been filed against the judgment and order dated 17.5.2005 passed by the District and Sessions Judge, Court No. 12, Kanpur Nagar in S.T. No. 1072 of 2003, State v. Budhraj Singh and Ors. under Sections 302/34, 307/34 and 120B I.P.C., S.T. No. 1074 of 2003 State v. Jai Bahadur Singh under Section 25 Arms Act, S.T. No. 1075 of 2003 State v. Budhraj Singh under Section 25 Arms Act and S.T. No. 1073 of 2003 State v. Chhote Singh under Section 25 Arms Act, whereby the appellants have been convicted and sentenced to death under Section 302/34 I.P.C., they are further convicted and sentenced to undergo R.I. for 5 years and fine of Rs. 5000/- and in default of payment of fine to undergo simple imprisonment for three months, under Section 307/34 I.P.C., appellants Budhraj Singh and Jai Bahadur Singh further sentenced to undergo imprisonment for one year under Section 25 Arms Act and Chhote Singh alias Malkhan Singh sentenced to undergo imprisonment for one year under Section 25/4 Arms Act.
2. Government Appeal No. 4605 of 2005 has been filed against the acquittal of Manoj Singh under Sections 302/34, 307/34 120B I.P.C. and 25 Arms Act
1. Incised wound 12 cm. X 3 cm. X bone deep on left side of head and neck just back of the left ear. Temporal bone cut.
2. Incised wound 7 cm. X 2 cm. X bone deep on right side of face 4 cm. below the right eye. Maxilla bone right cut.
3. Incised wound 3 cm. X 1 cm. X muscle deep at the outer side of the left upper arm 4 cm. below the top of the left shoulder.
4. Incised wound 3 cm. X 1 cm. X muscle deep at outer side of left upper arm 13 cm. below the top of the left shoulder joint.
5. Fire arm entrance wound 3 cm. X 3 cm. X bone deep at top of middle of right shoulder. Underlying scapula bone fractured. Margins lacerated and inverted. Abraded sign present scorching tattooing and blackening present in an area of 5 cm. X 5 cm. around the wound.
6. Incised wound through and through skin attended at the base of the left index finger,
7. Incised wound 8 cm. X 3 cm. X abdomen cavity deep at the left outer side of abdomen 4 cm. above the iliac crest. Small intestine coming out of the wound8. Incised wound 6 cm. X 1 cm. X abdomen cavity deep on left side of abdomen 9 cm. above the injury No. 7
9. Incised wound 4 cm. X 1 cm. X abdomen cavity deep 4 cm. above the injury No. 8
10.Incised wound 4 cm. X 2 cm x bone deep on back of left shoulder 8 cm. below the top of left shoulder.
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