STATE Vs. KUNDAN DAYAL

JUDGEMENT

(1.) THIS reference has been made by learned Sessions Judge, Bageshwar under Section 366 of Code of Criminal Procedure, 1973 (hereinafter for brevity referred as Cr. P.C.), for confirmation of sentence of death, passed by said Court against the convict Kundan Dayal. An appeal has also been preferred by the convict under Section 374(2) of Cr. P.C. against the judgment and order dated 12.7.2006, passed by learned Sessions Judge, Bageshwar in Sessions Trial No. 9 of 2006, whereby the Appellant Kundan Dayal has been convicted under Section 302 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.) and sentenced to death. Both, the reference and the appeal were heard together and are being disposed of by this judgment.

(2.) WE have heard learned Counsel for the parties and perused the entire record of the trial court.

(3.) ANTE mortem injuries. -A team of three doctors namely, Dr. Khempal (P.W. 5), Dr. Jitendra Bhatt and Dr. S. Ram, conducted post -mortem examination on next day, i.e., 16.2.2006, at about 9.00 a.m. and found following ante mortem injuries on the person of the deceased: