CHANDAN SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THESE two appeals, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), are directed against the judgment and order dated 25.07.2001, passed by Sessions Judge, Pithoragarh, in Sessions Trial No. 30 of 1995, whereby appellant Chandan Singh has been convicted under Section 304 Part I and 201 of the Indian Penal Code, 1860 (for short I.P.C.). The other appellants, namely Umedi Devi and Narayan Singh are convicted under Section 201 of I.P.C. only, and each one of them has been sentenced to rigorous imprisonment for a period of three years. Appellant Chandan Singh was directed by the trial court to undergo rigorous imprisonment for a period of ten years under Section 304 Part I of I.P.C., and rigorous imprisonment for a period of three years under Section 201 of I.P.C.

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) IN the present case, since the dead body had already been consigned to flames, as such, there is no medical evidence on record to prove unnatural death of the deceased. Though, there is report of the Forensic Science Laboratory regarding the ashes collected and sent to it for examination, but in that report simply it is mentioned that the ashes were that of human origin. It leads the court to nowhere as from the cremation ground the ashes could have related to anyone of the bodies consigned to flames there. As to some blood stained stones and soil etc. collected from the cremation ground, the Forensic Science Laboratory has reported that in the soil collected and sent for examination, there were some bloodstains found but the same could not be identified and classified. IN the above circumstances, we have to bank on the oral testimony of the witnesses.