BALDEV SINGH Vs. STATE OF U P

JUDGEMENT

(1.) B. C. Kandpal, J. This criminal appeal arises out against the judgment and order dated 29-09-1995 passed by Sessions Judge, Uttarkashi in Sessions Trial No. 18 of 1992 State vs. Baldev Singh under Section 302 I. P. C. thereby convicting the appellant under Section 302 I. P. C. and sentencing him to undergo for life imprisonment.

(2.) BRIEF facts of the prosecution story are that on 29-07-1992 deceased Jayendra Singh along with certain other persons of the village Uparikot, Police Station Kotwali, District Uttarkashi were sitting at the house of Kedar Singh and were talking about the dealership of fair price shop.

(3.) REPORT with regard to the inci dent was given to the complainant Kamal Singh Rawat by the father of deceased and on the basis of this report a case was registered against the accused/appellant-Baldev Singh at P. S. Kotwali Uttarkashi on 30-07-1992 at about 7:30 a. m. After the First Informa tion was lodged, the police reached at the spot and inquest on the body of the deceased was conducted on 30- 07-1992. Thereafter the body of Jayendra Singh was sent for. post mortem. Dr. Ajit Gairola conducted the post mortem on the body of the deceased on 31-07-1992 at 11. 00 a. m. and he found follow ing anti mortem injuries on the person of the deceased - Jayendra Singh : "1) Incised wound 3cm x 1 cm on left side of chest, on 6th rib, 2 cm below left nipple and 7cm. Lateral to midline. Blood clot was present wound communica tive on thoracic cavity. 2) Incised wound 2cm x 1 cm deep on left thigh, 18cm above left knee. 3) Incised wound 4cm x 1. 5cm deep on back of left thigh 11cm above knee. "