SATNAM SINGH Vs. STATE

JUDGEMENT

(1.) PRAFULLA C. Pant, J. These two appeals, preferred under Sec tion 374 (2) of the Code of Criminal Pro cedure, 1973 (for brevity hereinafter Cr. RC.), have arisen out of the same judgment and order dated 05-02-1987, passed in Sessions Trial No. 94 of 1984, by the then learned Sessions Judge, Nainital, whereby, accused/appellant Satnam Singh has been convicted un der Section 302 of the Indian Penal Code, 1860 (for brevity hereinafter I. P. C.), and sentenced to imprisonment for life. He is further convicted and sen tenced to undergo rigorous imprison ment of two years under Section 324 read with Section 34 of the I. P. C. Ac cused/appellant Baba Singh has been convicted under Section 302 read with Section 34 of the I. P. C. and also under Section 324 of I. P. C. He is sentenced to imprisonment for life under Section 302/ 34 of the I. P. C. , and further sentenced to undergo rigorous imprisonment of two years under Section 324 of the I. P. C. Accused/appellant Harbhajan Singh has also been convicted under Section 302 read with Section 34 of the I. P. C. and under Section 324 read with Section 34 of the I. P. C. He is sentenced to impris onment for life under Section 302/34 of the I. P. C. , and further sentenced to undergo rigorous imprisonment of two years under Section 324/34 of the I. P. C.

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

(3.) BEFORE further discussions, it is pertinent to mention here, the ante mortem injuries found on the dead body of Kulwant Singh by P. W. 4 Dr. R. N. Singhal, at the time of conducting au topsy. The postmortem report (Ext. A-4) discloses following ante mortem in jury on the body of the deceased : Stab wound with incised margins over right side of chest, 9 cm below right nipple measuring 4cm x 2cm x cav ity deep with a direction posteriorly, medially and downward. On internal examination the Medi cal Officer found that the right lung dia phragm as well as the liver of the de ceased were ruptured. Accordinq to P. W. 4 Dr. R. N. Singhal. the deceased had died on account of shock and haemor rhage due to injury over liver. The Medi cal Officer further opined that the injury sustained by the victim was sufficient in the ordinary course of nature to cause his death.