KAMLU Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (hereinafter referred as Cr. P.C.), is directed against the judgment and order dated 26/27.10.1993, passed by learned Sessions Judge, Tehri Garhwal, in Sessions Trial No. 9 of 1991, whereby the appellants, namely, Kamlu and Vijai Ram alias Birju are convicted under Section 302 read with Section 34 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.) and each one of the convicts is sentenced to imprisonment for life. Heard learned counsel for the parties and perused the lower court's record.

(2.) PROSECUTION story in brief is that on 28.02.1990 Narain Singh (deceased), resident of village Ratauli, Patti Jakhnidhar, District Tehri Garhwal was brought in injured condition in the Joint Hospital, Tehri, where he was admitted in unconscious state. Dr. Narendra Jha (P.W. 5) recorded the injuries found on the person of Narain Singh on 2nd March 1990 at about 12.30 p.m. Thereafter, while in the Hospital, the patient (Narain Singh) died on 03.03.1990 at 15.25 hours, where after, his dead body was sent to the mortuary. An inquest report (Ext. A -8) and other necessary papers, sketch of the dead body and Police Form No. 13 (Ext. A -9 and Ext. A -10) were prepared. The postmortem examination on the dead body of Narain Singh was conducted on 04.03.1990 at 11.30 a.m. by a surgeon who prepared autopsy report (Ext. A -12). Thereafter, an application (Ext. A -4) was moved before the Sub Divisional Magistrate, Tehri, by Shiv Singh, son of the deceased Narain Singh on 08.03.1990, requesting him to get the matter enquired into as his father is said to have been murdered by accused/appellants Kamlu and Vijai Ram alias Birju. On said application, moved before the Sub Divisional Magistrate, he directed the Patwari concerned to register the case and to investigate the crime. (In interior hills of Uttarakhand revenue officials are given police powers under U.P. Government Notification No. 494/VIII -418 -16, dated 07.03.1916). On this, Balkrishna Badoli, a revenue official having police powers, prepared Check Report (Ext. A -2) and on the basis of the First Information Report registered the case against the aforesaid two accused/appellants, relating to offence punishable under Section 304 I.P.C. and thereafter further investigation was completed by Pratap Singh Bhandari (C.W. 1), who submitted the charge sheet (Ext. A -11) against the two accused/ appellants, namely, Kamlu and Vijai Ram alias Birju.

(3.) BEFORE further discussions, we think it just and proper to mention the ante mortem injuries found on the dead body of the deceased on 04.03.1990 at 11.30 a.m., which are recorded in the autopsy report (Ext. A -12). Genuineness of said document is admitted by the accused. The ante mortem injuries in aforesaid report are being reproduced below: -