BABU LAL Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under Section 374 (2) of Code of Criminal Procedure, 1973 (hereinafter for brevity referred as Cr. P. C.), is directed against the judg ment and order dated 19-02-1988, passed in Sessions Trial No. 04 of 1986, whereby learned Sessions Judge, Dehradun, has convicted appellant Babulal under Section 302 Indian Pe nal Code, 1860 (herein after referred as I. P. C.) and sentenced him to imprisonment for life.

(2.) WE heard learned counsel for the appellant and learned Government Advocate and perused the entire record.

(3.) BEFORE further discussions, it is pertinent to mention here the ante mortem injuries found on the person of Surendra Singh (deceased ). P. W. 5 Dr. M. K. Dwivedi, Medical Officer who conducted autopsy on the dead body of deceased Surendra Singh on 26-10-1985 at 2:00 P. M. and prepared the post mortem examination report (Ext. A-2), recorded following ante mortem injury on the person of the deceased : 1. Multiple incised wound in an area of 10cm x 12cm on left side of face extending backwards to the neck, of the diameters of 6cm x 21/2 cm to 2cm x 1/2 cm x tis sue deep. 2. Incised wound 5cm x 5cm x tis sue deep, one inch below injury No. 1. 3. Incised wound 7cm x 3cm x tis sue deep. 1 cm below injury No. 2. 4. Incised wound 6cm x 3cm x tis sue deep on front of left shoulder. On internal examination of the dead body, the membranes and brain were found congested, both the lungs found pale, both chambers of heart were empty and weighed 160 grams. The stomach was found containing 4 ounces of food in the process of diges tion, small intestine was empty and large intestine contained faecal matter and gases. Liver, pancreas, spleen and kidneys were found pale. Bladder was empty. In the opinion of Dr. M. K. Dwivedi (P. W. 5), the cause of death was shock and haemorrhage, as a re sult of ante mortem injuries,