DEV DUTT ALIAS RAM DUTT Vs. STATE

JUDGEMENT

(1.) ACCUSED Dev Dutt is in appeal from his conviction and sentence to imprisonment for life under Section 302/34 I.P.C. and Rigorous imprisonment for five years under Section 201 I.P.C., per judgment dated 18 -4 -1985 passed by the then II Additional Sessions Judge, Nainital in sessions trial No. 44/1984.

(2.) BRIEFLY stated the prosecution story as emerged from the F.I.R. and evidence was as under : - On 13 -9 -1982 in the early hours of the morning one Chandeshari, the servant of informant Dilbag Singh (P.W.1) found a dead body lying in a ditch towards north of Kashipur -Gadarpur road near Tali Farm of the said Informant and within the circle of Police Station Bazpur, District Nainital. Informant then prepared written report, Ext.Ka.1 and delivered it at P.S. Bazpur at 7.30 A.M. on 13 -91982 and on its basis F.I.R., Ext. Ka.19 was registered under Section 302 I.P.C. against unknown assailants. By that time the Identity of the dead body was also not confirmed.

(3.) INCISED wound 1/2 " x ¼ " on back of left thumb middle area cutting the bone of middle fillings.