PADAM SINGH Vs. STATE

JUDGEMENT

(1.) PRAFULLA C. Plant, J. These two appeals, preferred under Section 374 of Code of Criminal Procedure, 1973 (herein-after for brevity referred as Cr. P. C.), are directed against the judgment and order dated 21-11-1985, passed in Sessions Trial No. 09 of 1985, whereby the then learned Sessions Judge, Pithoragarh, has convicted appellant Padam Singh under Section 302 of Indian Penal Code, 1860 (herein after referred as I. P. C.) and sentenced him to imprisonment for life.

(2.) PROSECUTION story, in brief, is that on receiving information on 12-06-1985 from P. W. 1 Sher Ram that a dead body was lying between villages Deval and Bagicha, the police party consisting of Sub-Inspector Man Singh along with Con stables Kailash Chandra, Mahipal Singh, Posi Ram of police station Dharchula, pro ceeded towards the place where the dead body was lying. The dead body was iden tified as that of one Trilok Singh. On in spection, police party found that deceased has suffered ante mortem injuries, as such, it suspected the commission of murder of Trilok Singh. The police party prepared the inquest report (Ext. A-10) and also other necessary papers like sketch of the dead body (Ext. A-ll), police form No. 13 (Ext. A-12) for sending the dead body for post mortem examination and other connected papers. The dead body was sent for post mortem examination along with letter (Ext. A-14) through constables Kailash Chandra and Mahipat Singh. Blood stained soil and the simple soil were also collected from the spot. Dr. B. S. Bisht conducted the post mortem examination on the dead body on 13-06-1985 at about 9:15 RM. on the dead body of Trilok Singh and found following ante mortem injuries : 1. Lacerated wound 6 inches x 2 inches x bone deep with visible fracture on right parietal region, 5 inches above right ear. Bony creptus present. Direction-Longitudinal (parallel to sagital ). 2. Lacerated wound 2 inches x 5 inches x muscle deep on fore head, 5 inches right to midline. Direction oblique.

(3.) ABRADED contusion on both hands-left fore arm size of injury left hand 2cm x 2 cm right hand 2cm x 3 cm.