KHUSHAL SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS appeal, preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (for brevity hereinafter Cr.PC., is directed against the judg­ment and order dated 24-10-1989 passed by the then learned Sessions Judge, Pauri Garhwal, in Sessions trial No. 34 of 1986 whereby, the appellant Khushal Singh has been convicted of the charge punishable under Section 302 of the Indian Penal Code, 1860 (for brevity hereinafter I.PC.) and sen­tenced to undergo imprisonment for life.

(2.) WE heard learned counsel for. the parties and perused. the entire evi­dence on record.

(3.) ON 01-05-1986 at about 11:00 A.M., Dr. M.S. Rawat (P.W.1) con­ducted the postmortem examination on the dead body of Surendra Dutt Chamoli and prepared postmortem re­port (Ext. A-1). The Medical Officer observed at the time of postmortem ex­amination that the dead body was of an average built person aged about 25 years which was about 11/2 day old. Rigor mortis was present but passing off from neck and upper limbs. The ab­domen was found distended and no other signs of decomposition were vis­ible externally. Dried clotted blood with mud was present over the right side of the face. Blood also found clotted over left ear and neck. The Medical Officer found following ante mortem injuries at the time of autopsy: