( 1 ) THIS appeal has been preferred against judgment and order dated 17-7-1981 passed by Sri S. L. Tripathi, Sessions Judge, Deoria in Sessions Trial No. 359 of 1980 by which appellant Gulab Singh has been convicted and has been awarded sentence of life imprisonment under Section 302,1. P. C.

( 2 ) ACCORDING to prosecution the oocurrence is said to have taken place in the night of 26/27-7-1980 at about 8 or 9 p. m. in village Belwa Dubauli, Police Station rudrapur, District Deoria , F. I. R. of which was lodged at police station Rudrapur by satya Narain Singh, deceased himself on 27-7-1980 at about 3. 15 a. m. against Gulab singh, Khublal, Bhan Singh and Subba. The police station is at a distance of 6 miles from the place of occurrence. Satya Narain Singh injured was alive at the time of occurrence and after lodging the F. I. R. he succumbed to injuries. Scribe of the F. I. R. was Rajendra Singh.

( 3 ) POST mortem examination on the dead body of Satya Narain Singh was done by Dr. C. V. Singh, Medical Officer District Hospital, Deoria on 27-7-1980 at 2. 00 p. m. and following ante mortem injuries were found on the body of Satya Narain Singh, aged about 70 years :

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