NIRANJAN SINGH & ANOTHER Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) In the instant appeal, challenge has been made to the judgment and order dated 12/13.8.2010, rendered by the Sessions Judge, Pithoragarh while adjudicating the Sessions Trial No. 39/2008 in conviction of both the accused persons for the offences under Section 302/34 and 307/34 IPC. The accused appellants have been sentenced appropriately by the learned Sessions Judge. The said trial pertains to Crime No. 269/2008, PS Askot, District Pithoragarh.

(2.) The genesis of the aforesaid trial was an FIR lodged by Trilok Singh, father of the deceased.

(3.) Autopsy on the person of the deceased was conducted on 27.7.2008 at 11.45 AM by Dr. JS Nabiyal (PW8). In his post-mortem report Ex. Ka-10, he has opined that the cause of death was neurogenic shock due to ante mortem head injuries. Time before death was determined to be about 24 hours, which matches with the date and time of the occurrence reported to the police. Following ante mortem injuries were found on the body of deceased Kundan Singh, who was 48 years old: