PADAM SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) These two appeals, preferred under Section 374 of Code of Criminal Procedure, 1973 (hereinafter for brevity referred as Cr.PC), are directed against the judgment and order dated 21.11.1985, passed in Sessions Trial No. 9 of 1985, whereby the then learned Sessions Judge, Pithoragarh, has convicted appellant Padam Singh under Section 302 of Indian Penal Code, 1860 (hereinafter referred as IPC) and sentenced him to imprisonment for life.

(2.) Prosecution story, in brief, is that on receiving information on 12.6.1985 from PW1 Sher Ram that a dead body was lying between villages Deval and Bagicha, the police party consisting of Sub-Inspector Man Singh along with constables Kailash Chandra, Mahipal Singh, Posi Ram of police station Dharchula, proceeded towards the place where the dead body was lying. The dead body was identified as that of one Trilok Singh. On inspection, police party found that deceased has suffered ante- mortem injuries, as such, it suspected the commission of murder of Trilok Singh. The police party prepared the inquest report (Ext. A10) and also other necessary papers like sketch of the dead body (Ext.A11), police form No. 13 (Ext. A12) for sending the dead body for post-mortem examination and other connected papers. The dead body was sent for post-mortem examination along with letter (Ext. A14) through constables Kailash Chandra and Mahipal Singh. Blood stained soil and the sample soil were also collected from the spot. Dr. B.S. Bisht conducted the post-mortem examination on the dead body on 13.6.1985 at about 9:15 p.m. on the dead body of Trilok Singh and found following ante mortem injuries:

(3.) Chief Judicial Magistrate, on receiving the charge-sheet, gave necessary copies, as required under Section 207 of Cr.PC, to the accused and committed the case to the Court of Sessions for trial. Learned Sessions Judge after hearing the prosecution and the accused, framed charge of offence punishable under Section 302 IPC against the accused Padam Singh, who at that stage pleaded not guilty and claimed to be tried.