KARAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under Section 374(2) of the Code of Criminal Procedure, 1973, is directed against the judgment and order dated 21.06.1981, passed in Sessions trial No. 03 of 1980, by the then, learned Sessions Judge, Chamoli, whereby Karan Singh (appellant No.1) is convicted under Section 302, and under Section 201 of the Indian Penal Code, 1860 (hereinafter referred as IPC.) and Nandi alias Yog Maya (appellant No.2) is convicted under Section 302 read with Section 34 of the I.P.C. and each of them is sentenced to imprisonment for life. Appellant No.1 is further sentenced to three years rigorous imprisonment under Section 201 of the I.P.C.

(2.) ACCORDING to the prosecution story, appellant Karan Singh, in the year 1978 -79, was posted as Ward boy in the State Dispensary at Urgam, Patwari Circle -HeIong, Tehsil Joshimath. Appellant Nandi alias Yog Maya is a resident of village Urgam. Her father Gopi Ballabh Kothiyal used to serve with Border Road Organization in Sikkim. Her mother Sumitra Devi with whom she used to live was suffering from some aliment and appellant Karan Singh used to come in their house for her treatment. Meanwhile, appellant Karan Singh developed illicit relationship with appellant Nandi alias Yog Maya. Consequently, Nandi alias Yog Maya became pregnant. Chandri Devi (PW 5) was working as Midwife in the State Dispensary of Urgam to whom Nandi alias Yog Maya approached for abortion of her child. However. Chandri Devi refused to help in the matter. On this, appellant Karan Singh threatened Chandri Devi (PW 5) of dire conscquences. Then, Chandri Devi (P. W 5) gave a report to village Pradhan, Bhawan Singh (P. W 1) on 21.07.1978. Thereafter -appellant Karan Singh himself gave some medicine to appellant Nandi alias Yog Maya so that the child in her womb may be aborted. She was also given some injection sometime on 5th and 6th of January, 1979. However, a male child. who was alive was delivered by appellant Nandi alias Yog Maya, who informed Karan Singh about the delivery. On hearing the same, appellant Karan Singh took - a 'DARANTI' (Sickle) and murdered the child. Later on, he asked Nandi alias Yog Maya not to inform about the incident to anyone. However, after some days on 13.01.1979, at about 5:00 P.M., the dead body of the child was found in a bundle of grass near the house of Shiv Singh (P.W 2), who informed about the fact to village Pradhan and kept the dead body in a box so that report may be made to Patwari. On 14.01.1979, at about 11 :00 AM., information (Ext. A -1) was given through Gabar Singh, Peon of the Patwari to Darwani Lal (P.W9) Patwari of the village. (In certain areas of Uttaranchal hills, Revenue Officers are given police powers to register and investigate the crimes). P.W. 9, Patwari Darwani Lal took the dead body in his possession and prepared inquest report (Ext. A -2) and got sent the body for postmortem examination.

(3.) DR . L.S. Raizada (P.W 8) performed the postmortem examination on the dead body at the District Headquartef Gopeshwar (Chamoli) on 16.01.1979, at about 1:30 P.M and found following ante mortem injuries: (i) Contusion 1 1/2 inch X 1 1/2 inch X bone deep, on top of head and left side of parietal region. On cutting bruising was found present. (ii) Circular incised wound 1 1/2 inch X 1 1/2 inch X bone deep through and through across the neck at the level of second cervical vertebra. Spinal chord, large vessels and nerves muscles all soft parts were found cut. The cut surface of vertebra was stained with blood which could not be washed off. The cut of base of head was fitted on the upper end of neck (vertebral column) and it corresponded with similar injury there on the neck. (iii) Oblique incised wound 5 inch X 21/2 inch X cairtaes (chest/abdomen) deep running from the left side of neck up to the right hip bone crest. Soft parts and viscera were found exposed. The Medical Officer on internal examination found that under injury No. 1 the scalp showed haemotonla and bruising 31/2 inch X 2 inch. Membranes were congested partly. The brain matter was soft and pulpy and was slightly congested. There was cut fracture of second cervical vertebra. (body) through and through. The surface was rough and blood stained. Spinal chord was found cut at the level of second cervical vertebra. Shape of the chest was found mutilated and missing partly on the right side. All the ribs on the right side were found cut at angles. Pleura was found cut corresponding to cut ribs under injury No.3. Larynx, Trachea and bronchi were found missing with the result that hydrostatic test for lungs could not be performed. Both the lungs were missing. Clotted blood was found present in thoracic cavity. Pericardium's were found missing. Both chambers of the heart were found empty. Aorta vessel was present while the other vessels were found missing. Diaphragm was found present reaching up to the 6th and 7th ribs. Right side of lateral abdominal wall was found missing. Peritoneum was found cut on the right side. Cavity had been opened up as a consequence of injury No.3, oesophagus was found cut at the level of second cervical vertebra and thoracic part was found missing. In respect of the stomach breslaws second life test was positive and negative and it contained about 1 c.c. t1uid. The small intestines were empty. Muconeum was filling large intestines. Only left kidney was present, the right one being missing. Bladder was empty. Penis scrota was well formed according to age and both testis were found present and pulpable in scrotal sac. In the opinion of the Medical Officer the cause of death was haemorrhage and shock resulting from injuries sustained by heavy sharp edged cutting weapon. In the opinion of the Medical Officer the child was capable of separate existence (viable).