RAGHUBIR SINGH Vs. STATE

JUDGEMENT

(1.) B. C. Kandpal, J. Present appeal has been preferred by the appellant against the judgment and order dated 28-06-1991, passed by the Sessions Judge, Chamoli in S. T. No. II 1991, thereby convicting the accused appellant under Section 302 I. P. C. . and sentencing him to imprisonment for life.

(2.) BRIEF facts of the case are that on 23-9-1990 Kedar Singh, Pradhan of vil lage Thirpak, lodged written report with Patti Patwari, Mangroli informing that on the Ghaat-Nandprayag motor roac near Nirbal Warg Awas the dead body of Sajan Singh S/o Raghunath Singh was lying on the road and requested to take necessary action in the matter. Sri Vishambhar Dutt Thapliyal Patwari on receipt of the written report went at the spot and held inquest on the dead body. He prepared inquest report Ext. Ka. 5. The I. O. also prepared site plan, Ext. Ka. 6 of the place, where the dead body was lying. He sealed the dead body, wrote letter to C. M. O. , Ext. Ka. 7, prepared sample seal in three copies, Exts. Ka. 8 to 10, prepared sketch of dead body, Ext. Ka. 11 and sent it for post mortem. The I. O. recorded state ments of various witnesses and also took in to possession the written statement of Prem Singh, Ext. Ka. 12, which allegedly given by him before the Pradhan, P. W. 2, Kedar Singh. He also prepared chick F. I. R. , Ext. Ka. 13 on the basis of the written F. I. R. , Ext. Ka. 2. Thereafter he registered a case in the general diary at report No. 58 dated 24-9-90 under Sections 302/201 I. P. C. against the accused Raghubir Singh, the relevant G. D. entry is Ext. Ka. 14. On interrogation the accused Raghubir Singh got recovered an iron rod from near the place of occurrence and the 1. 0. prepared recovery memo Ext. Ka. 16. On completion of the investiga tion, he submitted charge sheet, Ext. Ka. 17 against the accused.

(3.) P. W. 1. Dr. Vinod Kumar Dhaundlyal, has conducted autopsy on the dead body of the deceased. In the opinion of the doctor death of the de ceased had occurred two dayi prior, the dead body was average built, rigor mortis was passed in the lower limbs, eyes and mouth were closed, and the tongue was in between the teeth. He has found the following anti-mortem injuries on the person of the deceased; (i) Lacerated Wound on Occipital region, 15cm 10cm brain deep (grey matter was ceming out through the wound) (ii) Lacerated wound oh left side of fore head 5cm 3cm bony deep. (iii) Contusion present on anterior side of chest and neck. (iv) Fracture of the lower and upper incisor teeth, (v) Contusion on left side of abdo men 5cm x 3cm in size. On internal examination, the medi cal officer found that the skull was frac tured. Occipital bone and left parietal bone were fractured. Membranes were congested and fractured under injury Nos. 1 and 2. Brain was also congested and was fractured under injury Nos. 1 and 2. 3rd, 4th, 5th and 6th ribs of right side were fractured. Larynx was con gested. Right and left lungs were frac tured. There was semi- digested food and gases were present in the intestine. In the opinion of the doctor the death of the deceased had occurred due to shock and haemorrhage, as a result of ante-mortem injuries. He has proved post mortem report, Ext. Ka. 1.