ANUP SINGH ALIAS APPU Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This Criminal Appeal, preferred under S. 374 of Code of Criminal Procedure, 1973 (hereinafter for brevity Cr. P.C.), is directed against judgment and order dated 5-12-2003, passed in Sessions Trial No. 69 of 2001, by the then learned Sessions Judge, Pauri-Garhwal, whereby appellants-Anup Singh alias Appu, Dippi alias Vilaschand and Deepu alias Deepak are convicted under S. 302 read with S. 34 of Indian Penal Code, 1860 (hereinafter for brevity, I.P.C.) and each one of them is sentenced to life imprisonment and fine of Rs. 5,000/- in default of payment of which convicts were further directed to undergo six months simple imprisonment.

(2.) In brief, prosecution story is that 12- 9-2001 at about 2.35 p.m., a First Information Report (Exh. A-1) was lodged with the Police Station Kotdwar by Dabbal Singh Negi (P.W. 1), father of the deceased, stating that at 2.00 p.m. on said date, his son Rishi Mohan (deceased) was going from his house towards Durgapur crossing when on the way, near the house of Maheshanand Bhatt, appellants-Anup Singh alias Appu, Dippi alias Vilaschand and Deepu alias Deepak, attacked the deceased with 'KHUKARI' (sharp-edged weapon) and committed his murder. The incident was witnessed by Sarvendra Singh Rawat (P.W. 2), Bhagat Singh Rawat (P.W. 5) and others. The F.I.R. was lodged almost within half-an-hour of the incident and distance between the Police Station and the place of incident is said to be six kms. Police registered Crime No. 1029 of 2001 under S. 302 of I.P.C., against all the three accused and prepared a check report (Exh. A-12). An entry was made at serial No. 35 in the General Diary (copy extract Exh. A-13) at 14.35 hrs., regarding lodging of the F.I.R. The in-charge Inspector Nanke Singh Janwar (P.W. 7) took the dead body in possession on 12-9-2001 itself and prepared inquest report (Exh. A-3). He further prepared police Form No. 13 (Exh. A-5), diagram of the dead body (Exh. A-6), sample seal (Exh. A-7) and letter (Exh. A-4) to the Chief Medical Officer, requesting for post-mortem examination.

(3.) Post-mortem examination was conducted by Dr. Pradeep Kumar (P.W. 3) on 13-9-2001 on the dead body of the deceased brought by Constable Vijendra Singh and Constable Krishan Gopal. Doctor who conducted the autopsy and prepared the postmortem report (Exh. A-2), observed in his report that the dead body was of an average built person, aged 26 years. Rigour mortis was present. Both eyes were closed. Mouth open. Teeth 16/16. The Medical Officer further observed following ante-mortem injuries at the time of autopsy :-