MASSA SINGH Vs. STATE

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 374 (2) of Code of Criminal Procedure, 1973 (herein after referred as Cr. PC.) is di rected against the judgment and order dated 15-03-1985, passed in Sessions Trial No. 78 of 1980, by the then learned 1st Additional Sessions Judge, Nainital, whereby appellants Kundan Singh, Dara Singh, Dalip Singh and Daljit Singh, have been convicted under Section 302/ 149, 324/149, 323/149 and under Sec tion 148 I. P. C. and each one of them has been sentenced to undergo impris onment for life under Section 302/149 I. PC. , rigorous imprisonment for two years under Section 324/149 I. PC. , rig orous imprisonment for six months un der Section 323/149 I. P. C. and rigorous imprisonment for one year under Sec tion 148 I. P. C. Appellant Massa Singh has been convicted and sentenced to im prisonment for life under Section 302/ 149 I. PC. , rigorous imprisonment for two years under Section 324/149 I. P. C. , rigorous imprisonment for six months under Section 323/149 I. P. C. and rigor ous imprisonment for further six months under Section 147 I. P. C. Appellant Daljit Singh is further convicted and sentenced to undergo rigorous imprisonment for five years under Section 394 I. P. C. and appellant Jiwan Singh is convicted and ' sentenced to undergo rigorous imprison ment for three years under Section 411 of I. P. C.

(2.) WE heard learned counsel for the parties and perused the entire record.

(3.) BEFORE further discussion, it is pertinent to mention here the ante mortem injuries recorded on the person of deceased Anil Dhali (Home Guard) and that of Jagdeesh Singh S/o Massa Singh, who received injuries on the side of the accused persons. The post mortem examination report (Ext. A-10) read with statement of P. W. 7 Dr. Mohan Singh Laspal, shows following and mortem injuries were found on the dead body of Anil Dhali (Home Guard) at the time of autopsy on 30-12-1979 : 1. Incised wound 12cm x 1/2 cm, deep into brain cavity on the back of skull horizontally towards right side with brain matter coming out from the wound with compound fracture of the back skull. 2. Incised wound 10cm x cm, deep into brain cavity with com pound fracture of the skull bone. Brain contents coming out from the wound. This injury is below injury No. 1. 3. Incised wound 10cm x 1/3 cm, deep into brain cavity, direction towards right side and below in jury No. 2. 4. Incised wound 4cm x 114cm, skull bone deep, vertically to wards right side. 5. Traumatic amputation of left lit tle finger.