RANJEET SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) BOTH these appeals preferred by the same convict are directed against the judgment and order dated 10.01.2002, passed by Sessions Judge, Bageshwar, in Sessions Trial no. 01 of 2001,whereby said court has convicted accused / appellant Ranjeet Singh under section 302 Indian Penal Code, 1860 (for short IPC), and sentenced him to imprisonment for life, and also directed to pay fine of `5,,000/-. (One appeal was got filed through counsel while another one is got sent through the Superintendent of District Jail, Almora, as such both the appeals are disposed of by this judgment).

(2.) HEARD learned Amicus Curiae for the appellant, and learned Brief holder for the State and perused the lower court record.

(3.) BEFORE further discussion, we think it just and proper to mention the burn injuries recorded by P.W.3 Dr. Vipin Pant on 17.09.2000, at about 5:30 a.m.,in Base Hospital, Almora, and prepared autopsy report (Ex. A2). The same are being reproduced below:- Both superficial and deep burn area seen over face , neck, chest, abdomen both upper limbs on interior and posterior side, deep burn seen over genitals,thigh, superficial and deep burn seen over both legs, feet, interior and posterior side, disquamotion present all over the body. Verticulation present over thigh in some areas. Curling of hairs present, all cloths burn, smell of kerosene present. Burn area shown in a diagram." According to the aforesaid medical officer (Vipin Pant) the duration of burn injuries was fresh in nature within about 12 hours. Percentage of burn injury was about 90% caused due to fire. It is also mentioned in the injury report that police and Magistrate were informed for taking dying declaration.