BALWANT 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 17-02-1989, passed in Sessions trial No. 16 of 1988, whereby the then learned Sessions Judge, Tehri Garhwal, has convicted both the appellants Balwant Singh and Narain Singh under Section 302 read with Section 34 and under 498-A of the Indian Penal Code, 1860 (hereinafter referred as I. P. C.), and sentenced each one of the convicts to imprisonment for life under Section 302/ 34 and rigorous imprisonment for one year under Sec tion 498-Aof the I. P. C. , respectively.

(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. J. P. Chamoli, at the time of conducting au topsy on the dead body of Padma Devi, aged 21 years, on 02-07-1987. Follow ing ante mortem injuries were recorded by the Medical Officer on the person of Padma Devi, in the postmortem report (Ext. A-2 ). i) There are marks of the rope in both the wrists all around, and both legs above ankle joint. These marks were of chocolate brown colour and oozing of the same coloured blood was present. ii) Contusion on both the legs above ankle joint, brown black colour. On dissection, same col oured blood seen. iii) Ligature mark below the thyroid cartilage, round i. e. completely encircling whole neck, base is pale, reddish and margins of it are ecchymosed. There were abrasions and ecchymosis above and below these mark. No knot mark seen. iv) Multiple billae all over back and abdomen, some are collapsed. According to the Medical Officer, who conducted the postmortem exami nation, Padma Devi died of Asphyxia due to strangulation possibly on 28th-29th of June, 1987. He also found that the injuries caused to Padma Devi were sufficient in ordinary course of nature to cause her death.