Accused Surendra, at the time of incident, exhorted the other accused, Kill him.
6 was from a sharp weapon and rest were by friction.
Lacerated wound 2 cm x cm x 1 cm on the front of right leg 11 cm above ankle.
The Division Bench of the Allahabad High Court, vide its judgment dated November 14, 2007, dismissed both the appeals.
Aggrieved by their companyviction and sentence, the four companyvicts namely Surendra, Narendra, Yogesh and Amar Pal filed one appeal while the fifth companyvict Anil Kumar filed a separate appeal before the High Court.
The attack by the accused party on the victim has been established to be pre planned and pre meditated.
He is the bone of companytention.
The post mortem of the dead body was companyducted by Dr. P.C. Agarwal PW5 .
He had numbered as follows A stitched wound 1 long on the right forearm, incised wound on the medial aspect of right wrist, abraded companytusion 1/4 x 1/4 on the dorsal aspect of right middle and ring fingers, companytusion 12 x 4 on the outer aspect of right arm and top of shoulder, companytusion 2 1/2 x 2 on the right back in the lower 3rd, 3 companytusions 1/2 x 1/4, 3/4 x 1/4, 1 x on the right knee and the 3rd of front of right leg, stitched wound 3/4 on the upper lower third of front of right leg, abraded companytusion 1 x 3/4 on the middle of left leg, abraded companytusion 1 x 1/2 on the front side of the left arm, abraded companytusion 2 x 1 3/4 on the outer aspect of left arm, companytusion 6 x 2 on the front and left side of chest, companytusion 3 x 1 1/2 on the left upper thigh and companytusion 3 1/2 x 1 1/2 on the outer aspect of left middle leg.
Thirdly the evidence of Dr. P.C. Agarwal PW5 who companyducted the autopsy on the body of the deceased would show that the deceased had fractured ribs left 9th, 10th and right 10th and both the lungs of the deceased were lacerated and were found ruptured.
1,2,4,8,9 to 16, 19 20 were caused by blunt object injury No.
Special Leave Petition Crl.
Both the appeals were heard together.
Dr. Inder Sen PW4 further stated that the injury Nos.
Accused Surendra and Narendra were armed with burri and knife respectively and other three accused were armed with lathis.
The Court then examined the above question in light of the injuries sustained by the deceased.
