TRILOK SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THE present appeal is directed against the judgement and order dated 03.11.1998 passed by the Sessions Judge, Almora in Sessions Trial No. 6 of 1997 whereby appellant -Trilok Singh has been convicted under Section 304 part II of the I.P.C. and sentenced to undergo rigorous imprisonment of five years.

(2.) BRIEF facts of the case as per the prosecution are, that on 04.11.1996 at about 1:00 p.m. Trilok singh had altercation with his stepbrother Prem Singh and during the course of altercation Trilok Singh assaulted Prem Singh with a lathi on his head. On receipt of the lathi injury Prem Singh fell down and did not regain consciousness till 05.11.1996. Smt. Anuli Devi wife of Prem Singh (deceased) and others were in the process of shifting him to District Hospital but in the meantime Prem Singh expired on the next day i.e. 05.11.1996 at 6:00 p.m. Smt. Anuli Devi had informed about the incident to Nain Singh. After the death of her husband she asked Mohan Singh (PW -2) to report the matter. The report could not be lodged with the Patwari as they were on strike therefore; the F.I.R. was lodged on next day i.e. 06.11.1996. Accordingly Mohan Singh alongwith Himmat Singh submitted a written report Ex. Ka -1 to Naib Tehsildar Bageshwar on 06.11.1996. On the basis of written report Ex. Ka -1, Chick F.I.R. Ex. Ka -2 was registered on 06.11.1996 at 10:30 a.m. in police station Bageshwar which was at a distance of 46 kilometers from village Gansi where the occurrence took place. The house of accused -Trilok Singh and house of the deceased were adjacent to each other. The partition between both the brothers had taken place about ten years ago.

(3.) THE postmortem was conducted by Dr. N.D. Punetha (PW -5), who found the following injuries on the person of the deceased: