RAVI KEWAT Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS Criminal Appeal, preferred under Section 374 of Code of Criminal Procedure, 1973, is directed against judgment and order dated 29.07.1994, passed by learned Sessions Judge, Tehri, in S.T. No. 04 of 1992, whereby appellants Ravi Kewat and Vishwanath Giri have been convicted under Section 302 and under Section 302/34 of Indian Penal Code, 1860 (herein after for brevity I.P.C.) respectively and each one has been sentenced to life imprisonment. The appellants have been further convicted and sentenced to one years rigorous imprisonment under Section 201 I.P.C.

(2.) THE prosecution case in brief is stated to be that on 08.09.1991 at about 6:30 P.M., children of village Sakindhar, carrying grass bundle, noticed a dead body lying in a gorge of hill and informed at GREF (Road Construction body) camp. They further informed that down the road leading from GREF camp to Saunpani, umbrella and clothes were also seen in the rocky slope of the hill. Shri Anil Kumar (P.W. 1) Rank - B&R II on the basis of the said information, went to see the site and also asked the labourer Shibbu Murmu (P.W. 7) to go into the deep gorge to identify the body who confirmed that the body was of a labour Jitan Kisku who was missing from duty since 07.09.1991. Shri Anil Kumar felt that the deceased might have slipped from the road in the night, and after leaving some labourers at the spot, informed the incident to his higher officers. He lodged First Information Report (Exh. A -1) after getting scribed by P.W. 3 Piyush Garg, at 23:30 Hrs. An entry in the General Dairy (copy of extract Exh. A -1) was made at Police Station Deoprayag regarding lodging of the aforesaid F.I.R. Thereafter Station Officer Ganesh Prasad Baunthiyal (P.W. 6), Investigating Officer along with the police force, proceeded in the night towards the place of occurrence in a Gypsy and next morning took the dead body in possession. The police got prepared inquest report (Exh. A -4) at 9:00 A.M on 09.09.1991 and diagram of dead body (Exh. A -6). Police also prepared a police form No. 33 (Exh. A -7) i.e. letter to the Chief Medical Officer, requesting for post mortem of the dead body and police form No. 13 (Exh. A -8). The articles of the deceased namely umbrella, torch and shawl were also recovered from the site of the incident and a recovery memo (Exh. A -9) was prepared by the same above named Station Officer in the presence of witnesses, including P.W. 2 Ratan Singh.

(3.) POST mortem report (Exh. A -2) read with statement of P.W. 4 Dr. P.C. Aggarwal, shows that autopsy was performed on the dead body of Jitan Kisku (deceased) on 10.09.1991 at 11:30 A.M when the same was brought by constable Darshan Lal and Constable Ajendra Kumar. The Medical Officer in aforesaid report, observed that the dead body was about three days old and of a person, aged 26 years. He further observed on external examination that rigor mortis had already passed off the dead body. Maggots were present. Hair peeled out. Body was swollen. Foul smell present. Right eye -ball missing. Abdomen, penis and scortum stood distended. Skin peeled out on clearing the body. Following ante -mortem injuries was recorded by the doctor: - 1. Ligature mark horizontal on the neck. Base of the groove is reddish -anteriorly and posteriorly. On the internal examination, neck movements were found much more free -anteriorly and posteriorly, section trachea was found congested and hyoid bone fractured. Cervical first and second vertebrae were found fractured and dislocated. Carotid arteries were found lacerated and clot present in subcutaneous tissue. Brain and membranes were found congested, pleura larynx and trachea were found congested. Lungs were found congested. Right side of the heart was full white left was empty. Carotid vein and arteries lacerated. In the abdomen, gases were found present. Inside mouth, teeth were 16/16. In the stomach - 250 gm undigested food -rice and dal. Gall Bladder was found congested. Spleen -congested and bladder half full. According to the doctor, cause of death was due to asphyxia as a result of injuries sustained (strangulation).