HANSA DUTT AND ANOTHER Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS Criminal Appeal, preferred under Section 374 (2) of Code of Criminal Procedure, 1973 (herein after for brev­ity Cr.PC.), is directed against the judg­ment and order dated 26-09-1988 by the then learned IIIrd Additional Ses­sions Judge, Nainital in Sessions Trial No. 75 of 1987, whereby appellants have been convicted under Section 304 Part-1 read with Section 34 of Indian Penal Code, 1860 (herein after for brevity I.PC.), and sentenced each one of them- to undergo imprisonment for life and also to pay fine of Rs. 5,000/- in default of payment of which it is di­rected to each one of them to undergo six months simple imprisonment.

(2.) WE heard Shri Lokendra Dobhal, Amicus Curaie and learned Additional Government Advocate at length.

(3.) ON 16-11-1985, Dr. H.C. Bhatt (PW.6) conducted autopsy and pre­pared the post-mortem report (Exh. A­14). During the post-mortem examina­tion, the Medical Officer has observed that the dead body was four days old and was that a 51 years average built person. He has further observed that it was in a decomposed condition. Nails, skin etc. could be peeled of. Following ante-mortem injuries were recorded by the Medical Officer: