KIKKAR SINGH Vs. STATE

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 374 (2) of the Code of Criminal Proce dure, 1973 (hereinafter referred as Cr. P. C.), is directed against the judg ment and order dated April 21, 1984, passed in Sessions trial No. 94 of 1983, by the then learned Additional Sessions Judge/special Judge, Nainital, whereby appellants Kikkar Singh and Khushal Singh have been convicted under Section 302 of the Indian Penal Code, 1860 (hereinafter referred as I. P. C.) and each one of them has been sentenced to imprisonment for life, and the third appellant Girdhari has been convicted under Section 302 read with Section 34 of the I. P. C. , and is also sen tenced to imprisonment for life.

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

(3.) BEFORE further discussions, it is pertinent to mention here, the ante mortem injuries found by P. W. 2, Dr. S. Tandon, at the time of conducting post mortem examination on 12-01 -1983, at about 3:00 P. M. The postmortem ex amination report (Ext. A-2) shows fol lowing ante mortem injuries on the per son of the deceased: i) Incised wound 12 cm x 1. 5cm x bone deep on the back of the skull with evidence of fracture of bone into pieces with the evi dence of brain matter coming out of the wound. ii) Incised wound 5cm x 1 cm x muscle deep on the upper part of the back of the neck. iii) Incised wound 8cm x 1 cm x bone deep on the back of skull, 2 cm above injury No. 2. iv) Incised wound 10 cm x 1 cm x bone deep. The wound was on the back of skull 1 cm above in jury No. 3 and extending from the back of the ear to the right side of the skull. v) Incised wound 5cm x IVs cm x bone deep on the back of the skull right side, and bone under neath the wound was fractured. All the injuries had clean cut margins. In the opinion of the Medical Of ficer, who conducted the postmortem examination, cause of death of the de ceased was coma as a result of the ante mortem head injury. P. W. 2, Dr. S. Tandon, further opined that deceased could have died on 11-01-1983, at about 9:30 A. M.