SUMER SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been preferred by the accused/appellant - Sumer Singh against the Judgment and order dated 03.05.1997 passed by learned Sessions Judge, Tehri Garhwal in Sessions Trial No. 17 of 1994, State Vs. Sumer Singh thereby convicting the appellant under Section 302 of I.P.C. and sentencing him for life imprisonment.

(2.) Brief facts of the prosecution case are that Shri Dharam Singh, Village Pradhan of Gramsabha Myura, has given the written report, Ext. Ka 1 at P.S. Tehri on 21.01.1994, with an allegation that Smt. Sauna Devi W/o Sumer Singh hanged herself on a tree and she has died. It was also informed that the cause of strangulation is not known, hence, necessary action be taken in the matter. Entry of this report was made in the G.D. (Ext. Ka 6) by Sri Bhagwan Singh Bist, clerk- constable (P.W.9) at Police Station Tehri. Sri Ganda Singh Verma-Sub-Inspector (P.W.10) along with other police force was deputed for conducting the inquest and other formalities relating to the dead body of Smt. Surna Devi and thereafter further action to be taken in the matter. Sri Ganda Singh Verma recorded the statement of clerk- constable Bhagwan Singh and Dharam Singh at the police station. He also visited the forest of village and saw the dead body of Smt. Sauna Devi over there, then prepared the inquest memo (Ext. Ka 7), photo lash (Ext. Ka 8), Challan lash (Ext. Ka 9), letter to C.M.O. (Ext. Ka 10), letter to R.I. (Ext. Ka 11) and thereafter sealed the dead body and sent the same to the Government Hospital, Tehri for postmortem. Thereafter, he recorded the statements of the witnesses of the inquest memo. He also found one Daranti, one rope, one shawl and chappal near the dead body and after taking the same into his possession, memo Ext. Ka 2 was prepared.

(3.) The dead body of the deceased was brought and identified at the hospital by constable Mohd.Gufran. Thereafter, Dr. 3.P. Chamoli and Dr. Narendra Jha conducted the postmortem of the dead body of the deceased on 22.01.1994 at 02:30 p.m. at Government Hospital, Tehri Garhwal. The doctors opined that death occurred about three days ago. On external examination, the dead body of the deceased was of thin built lady, rigor mortis was absent in neck and upper limbs; eyes were congested both sides; ecchymosis in perverted conjustiva; secretion was present in nose and mouth; lips were bluish. The doctors also found following ante-mortem injuries on the body of the deceased:-