RAJENDRA SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 374 (2) of Code of Criminal Procedure, 1973 (herein-after for brevity referred as Cr. P. C.), is directed against the judgment and order dated 03-05-1988, passed in Sessions Trial No. 51 of 1987, whereby the then learned Sessions Judge, Almora has convicted appellant Rajendra Singh under Sections 302 and 201 of Indian Penal Code, 1860 (herein after referred as I. P. C.) and sentenced him to impris onment for life under Section 302 I. P. C. , and to five years rigorous imprisonment under Section 201 of I. P. C. By said judgment and order, appellant No. 2 Bishan Singh has been convicted under Section 201 read with Section 34 I. P. C. and sentenced to under go rigorous im prisonment for five years.

(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 at the time of post mortem examination by P. W. 3 Dr. Rajesh Chandra Dimri, who prepared post mortem examination report (Ext. A-1) on 24-01-1987 at 2:00 RM. Follow ing ante mortem injuries were recorded by said Medical Officer on autopsy of the dead body of the deceased Smt. Kalawati : 1. Abrasion- 4. 5cm x 1. 5cm at chin just in front of ligature mark. 2. Ligature mark- well defined ligature mark encircling the neck horizontally and completely situ ated 4. 5cm above the episternal notch. Base of the mark was pale. Margins were red. Internal appearance of injury No. 2 :- Blood was extravassated into the subcutaneous tissues and the muscles of the neck. Muscles were lacerated. Right Cornua of the hyoid bone was fractured. 3. Abrasion- 2. 5cm x 1. 5 cm at the back of right ankle. 4. Abrasions at dorsum of left hand's fingers in an area between last and first phalanx. On internal examination, the Medi cal Officer found the brain congested and there were small blood clots also. The larynx and trachea were found con gested and frothy mucous was also present. Both the lungs were found con gested and blood clots were also found. On dissection, dark fluid blood was found. The sheath and carotid artery on both sides, were found to be lacerated and contained dark fluid/blood. The tis sues were found to be lacerated. In stomach, there was semi digested semi-solid food material. The uterus was found to be gravid and extending upto umbilicus. In the opinion of the Medi cal Officer, cause of death was asphyxia resulted from strangulation.