GOPAL PURI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), is directed against the judgment and order dated 23rd October, 2008 passed by Sessions Judge, Nainital in Special Session Trial No. 32 of 2005, whereby appellant Gopal Puri has been convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860 (for short I.P.C.), and sentenced to imprisonment for life and also directed to pay a find of Rs. 10,000/- in default of payment of fine, he has been directed to undergo imprisonment for a further period of one year.

(2.) HEARD learned counsel for the parties and perused the Lower Court?s Record.

(3.) BEFORE further discussion, we think it just and proper to mention the ante-mortem injuries recorded by P.W.3 Dr. B.K. Tilara, who conducted post mortem examination on 11.05.2005 and recorded following antemortem injuries on the body of Mahesh Chandra Pant:- i. An incised wound 8 cm. x 0.1 cm. on the left side of forehead, margins sharp, the wound is bone deep, exposed frontal bone found fractured. ii. An incised wound 10 cm. x 1 cm. noted on the face which is obliquely placed extending from the left nostril to chin, margins are sharp and underlying fracture, left nostril muscles, incisor teeth, tongue and the mandible are cut alongwith upper jaw where incisor teeth are detached. Not attached to tissues. iii. An incised wound of size 6 cm. x 0.5 cm. noted on the chin, adjacent to the injury no.2, margins are sharp, muscle cut. iv. Incised wound 3 cm. x 0.5 cm. lying adjacent to the injury no.3 margins sharp. v. Incised wound of 6 cm. x 0.5 cm. on the mid pad of skull, margins sharp, underlining bone found cut alongwith heamotome in and around tissue free blood seen in cranial cavity. vi. An wound of entry of oval shaped 3 cm. x 1 cm. noted on the interiorly left chest on the anterior axillary line, on the second and third intercostal space, 5 cm. above the left nipple laterally, margins inverted and scorched and wound is cavity deep, there is a blackening present around the wound in the area of 3 cm., no tattooing observed. On further exposure underlying second and third rib found fractured. Ten pellets recovered from the site of injury (chest cavity), which was sealed.