BARAF SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal, preferred under S. 374 of the Code of Criminal Procedure, 1973 (for brevity hereinafter Cr. P.C.), is directed against the judgment and order dated 1-9-1988 passed by learned Sessions Judge, Tehri, in Sessions trial No. 31 of 1987 whereby, the appellant Baraf Singh has been convicted under Section 302 of the Indian Penal Code, 1860 (for brevity hereinafter I.P.C.) and sentenced to undergo life imprisonment.

(2.) In brief, prosecution story is that P.W. 3, Asharh Singh (informant & step brother of the deceased), resident of village Ratoli, on 12-8-1987 at about 9.00 p.m. lodged the First Information Report (Ext. A-1) with patti patwari Khandogi (District Tehri) informing that Rai Singh of his village told him that Gunda alias Govind Singh (P.W. 1), resident of village Andethi, of village Andethi had seen appellant Baraf Singh quarrelling with a man at about 6.00 p.m. and thereafter appellant had also been seen hitting said person with stones. On this Rai Singh along with Bhadu Singh (P.W. 2) and Gunda alias Govind Singh (P.W. 1) went there to see as to who was the victim, and on reaching there they found that Vikram Singh was lying dead. These witnesses found that there were injuries on the person of the deceased and there was bleeding from the injury on his head. Meanwhile, appellant Baraf Singh ran downwards on to the road. On the basis of said Ffrst Information Report lodged by Asharh Singh (P.W. 3), check report (Ext. A.3) was prepared by patti parwari, Khandogi, who registered the crime under Section 302 of the IPC against the appellant Baraf Singh (in Uttaranchal hills in certain areas Patwaris are given police powers). As entry was made by the Patwari in the general diary (extract of which is Ext. A.4) at serial number 13. It appears that on 13-8-1987, the Patwari took the dead body of Vikram Singh in his possession and prepared the inquest report (Ext. A.5). He further prepared diagram of the dead body (Ext. A-6), letter to the Chief Medical Officer, Tehri, (Ext. A-7) requesting for postmortem examination and other necessary papers on the same day i.e. on 13-8-1987. Shri I.D. Dangwal (P.W. 6), Patwari/ Investigating Officer also prepared site plan (Ext. A-9) on the same day i.e. 13-8-1987. He further collected the blood stained soil and prepared the memo (Ext. A-10) on that day. Appellant was taken into custody on the very day i.e. 13-8-1987.

(3.) Dr. R. K. Pant (P.W. 5) conducted the postmortem examination on 14-8-1987 at about 10.00 a.m. on the dead body of Vikram Singh and prepared postmortem report (Ext. A-2). The Medical Officer observed at the time of post-mortem examination in the aforesaid report that the dead body was of an average built person aged 28 years. The doctor found following ante-mortem injuries at the time of autopsy :-