SURESH CHANDRA TIWARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This criminal appeal impugns the judgment and order of the High Court of Uttarakhand at Nainital(The High Court) dtd. 24/5/2012 passed in Criminal Appeal No. 82 of 2003, whereby the appeal of the appellants against the judgment and order of the Sessions Judge, Pithoragarh passed in Session Trial No. 36 of 1997 was partly allowed and the conviction of the appellants was altered from Sec. 302/34 of the Indian Penal Code, 1860(IPC) to Sec. 304 Part I of IPC, and the sentence, inter alia, was reduced from imprisonment for life to 7 years R.I(Rigorous Imprisonment).

(2.) On 3/2/1997, at about 10 AM, PW-7, a cousin of the deceased, lodged a first information report(FIR)(Exb. Ka2) at PS(Police Station) Lohaghat, District Pithoragarh, inter alia, alleging that on 3/2/1997, at about 9.30 AM, he came to know that dead body of the deceased was lying in the verandah of Mohan Singh's shop. Pursuant to the aforesaid report, the police proceeded to the spot, carried out inquest and prepared an inquest report (Exb. Ka-8). It also lifted blood-stained and plain earth/ floor from the spot and prepared a seizure memo (Exb. Ka-4) thereof. Belongings of the deceased lying near the spot were also seized and a seizure memo (Exb. Ka-5) was prepared. Besides that, a black polythene bag containing goat meat was also recovered from near the spot and another seizure memo (Exb. Ka-3) was prepared.

(3.) Autopsy of the cadaver was conducted by PW-1 on 3/2/1997 at about 2.45 PM. Autopsy report (Exb. Ka-1) indicated that the deceased died due to shock because of head injury. The estimated time of death, as per autopsy report, was about a day before autopsy. Antemortem injuries noticed at the time of autopsy were: