TRILOCHAN ALIAS TULSIA Vs. STATE

JUDGEMENT

(1.) PRAFULLA C. Pant, J. 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 19-10-1982, passed in Sessions Trial No. 6 of 1982, whereby the then learned Sessions Judge, Almora has convicted appellants Trilochan alias Tulsia and Hari Dutt un der Section 302 of Indian Penal Code, 1860 (herein after referred as I. P. C.) and appellant Anil Kumar under Sec tion 302 read with Section 34 I. P. C. and sentenced each of them to imprison ment for life.

(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. 2 Dr. V. S. Pal, who prepared post mortem examination report (Ext. A-3) on 02-11-1981 at 10:00 A. M. Following ante mortem injuries were recorded by said Medical Officer on autopsy of the dead body of the deceased Khimanand : 1. Punctured wound (incised) 2. 5cm x 0. 5cm chest wall deep, oblique down on medial just be low injury of right scapula on right back. 2. Punctured wound (incised) 2. 3cm x 4cm x chest wall deep on left chest 10cm outer to left nipple at 3'o clock position, ver tical. On internal examination, the Medi cal Officer found 3cm long wound on left chest wall corresponding to injury No. 2 and a wound on right chest wall corresponding to the injury. He found pleura cut corresponding to injuries both sides. It is also recorded in Ext. A-3 that there was blood in trachea. Also, lobe of right lung had an incised cut measuring 3cm x 2cm and the upper lobe had an incised cut 2cm long. Peri cardium was also congested. Injured lobes were partially collapsed. Right and left pleural cavities contained 2 pint and 1 pint blood respectively. In the opinion of the Medical Officer, cause of death was shock and haemorrhage due to ante mortem injuries. According to P. W. 2 Dr. V. S. Pal, death had occurred 2-3 days before post mortem examina tion.