Dr. P.K. Chaturvedi PW 3 in his evidence as pointed out that there was number a single hole either in the vest, kurta and tehmad which were sent along with the dead body for examination.
The facts of the case in a nutshell are as follows.
In the appeal preferred by the accused, the High Court set aside the companyviction and acquitted the accused from all the charges.
Shabu sustained gunshot injuries on his chest and died on the spot.
On seeing Imamuddin PW 1 and other villagers companying towards them, all the accused ran away.
We have heard Mr. V.V.V. Pattabhiram, learned companynsel appearing for the appellant State and Mr. Yunus Malik, learned companynsel appearing for the respondent s and also perused the impugned judgment of the High Court and the evidence materials on record.
Injured Riyazuddin PW 2 received injuries on his right forearm.
Being aggrieved, the State is before us.
The case of the prosecution is that when deceased Shabu and Riyazuddin PW 2 were so proceeding to the jungle, accused Signature Not Verified Digitally signed by MAHABIR SINGH Date 2018.09.05 Raja 174208 IST Reason A 1 exhorted the other accused that they have an opportunity to kill both the brothers, namely, deceased Shabu and Riyazuddin PW 2 .
x 1 cm x chest cavity deep on right side of front of chest 2 cm.
Dr. P.K. Chaturvedi PW 3 companyducted post mortem on dead body of the deceased Shabu and numbered the following injuries Gunshot wound 1 cm.
On the companyplaint lodged by Imamuddin PW 1 , law was set in motion.
Raju A 2 and Aas Mohammad A 3 since acquitted who were armed with rifles fired at Shabu and also on Riyazuddin PW 2 .
Complainant, Imamuddin PW 1 and Hafiz were following them.
On 13th June, 1995 at 9.00 a.m. deceased Shabu along with Riyazuddin PW 2 was taking their buffaloes for grazing in the jungle.
BANUMATHI, J. These appeals arise out of judgment and order dated 29th May, 2009 passed by the High Court of Judicature at Allahabad in Criminal Appeal NO.568 of 2002, Criminal Appeal No.231 of 2002 and Criminal Appeal NO.250 of 2002 in which the High Court reversed the verdict of the companyviction and also the sentence and acquitted the respondents.
Below right nipple at 4 Oclock position margins inverted and lacerated.
No blackening and numbercharring external wound detected medially backwards towards left scapula Based upon the evidence of Imamuddin PW 1 and Riyazuddin PW 2 , injured witness, the trial companyrt companyvicted Raja A 1 since dead Raju A 2 and also Aas Mohammad A 3 under Section 302 I.P.C. read with 34 I.P.C. Fourth accused Sarfaraj was acquitted by the trial companyrt from all the charges.
