HEERA SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS is a criminal appeal preferred by the appellant Heera Singh against the judgment and order dated 05 -09 -1998 passed by Sri C.N. Khandelwal, the then Sessions Judge, Nainital in S.T. No. 391 of 1994 State Vs. Heera Singh convicting and sentencing the appellant u/s 302 I.P.C. for imprisonment for life and a fine of Rs. 5,000/ - for committing the murder of Mohan Lal in the night between 18 and 19 -08 -1994 near Indira Chowk, Kichchha, P.S. Kichchha, district Udham Singh Nagar. In default of payment of fine the appellant was ordered to undergo six months imprisonment.

(2.) THE facts, in nut shell, are that Ranjeet Singh Bhakuni (P.W.l) received information from the shepherds of village Govind Nagar, Deoriya, P.S. Kichchha that a dead body of a boy was lying on the bank of Beni River in village Lal Pur, Deoriya. Ranjeet Singh Bhakuni (PW -l) informed the police of P.S. Kichchha on telephone at 10:00 a.m. on 19 -08 -1994. The entry of this telephonic information was made in G.D. no. 22 at 10:00 a.m. (Ex.Ka -4) by Head Moharrir Ved Prakash Sharma. On this information S.I. Bhudeo Saraswat (PW -7) went to the place where the dead body was alleged to be lying. He prepared Panchayatnama (Ex.Ka -5) and sealed the dead body and also prepared form no. 13 (Ex.Ka -6), photo lash (Ex.Ka -7), letter (Ex.Ka -8) and sample of seal (Ex.Ka -9). S.I. Bhudeo Saraswat (PW -7) also prepared recovery memo (Ex.Ka -l0) regarding collecting simples of simple earth and blood stained earth.

(3.) THE dead body of the deceased was sent in sealed Cover for post mortem through constables Vidya Sagar (PW -5) and constable Ram Chandra. The post mortem on the dead body of deceased Mohan Lal was conducted by Dr. Shalender Kumar (PW -6) Medical Officer, S.S. Jeena Base Hospital, Haldwani, Nainital on 19 -08 -1994 at 5:00 p.m. The doctor prepared post mortem report (Ex.Ka -3). The following ante mortem injuries were found on the dead body of the deceased :