SHANKAR SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 374 read with Section 389 of Code of Criminal Procedure, 1973 (hereinafter referred as Cr. P. C.), is directed against the judgment and order dated 26-0/-2006, passed by Sessions Judge, Champawat, in Sessions Trial No. 12 of 2004, whereby accused/appellants, Shankar Singh, has been convicted un der Section 302 of Indian Penal Code, 1860 (hereinafter referred as I. P. C.) and sentenced to undergo imprisonment for life and directed to pay fine of Rs. 10,000/-, in default of payment of which further one year's imprisonment was di rected to be served out. The trial court further convicted the accused Shankar Singh (appellant) under Section 506 (II) I. P. C. and sentenced him to undergo im prisonment for a period of one year and directed to pay fine of Rs. 1,000/ -. In default of payment of fine of Rs. 1000/ - the convict is ordered to undergo rig orous imprisonment for further period of one month.

(2.) WE heard learned counsel for the appellant and learned Additional Gov ernment Advocate for the State.

(3.) BEFORE further discussions, it is pertinent to mention here the ante mortem injuries found on the dead body of deceased (Kailash Singh) by Dr. K. S. Mehta (P. W. 4), which are recorded in Ext. A-9. The same are being reproduced below- (1) Frontal bone absent from whole of forehead (size 10cm x 6cm) from eyebrow to hairline. Brain matter absent in skull cavity (brain matter and bony pieces present in a separate white bag ). Blood clot present over skull and cavity. (2) Crush injury face involving from upper lip to absent area what ever eyebrows, nose adjacent, area of nose in between eyes fea tures of nose upper lip and eyes disfigured. Multiple laceration upper jaw beneath fractured; blood clot and blood present. (3) Lower lip lacerated. Inner aspect size 2cm x 1cm all inner teeth absent. (4) Multiple abraded contusions in the back. " The Medical Officer in his report opined that cause of death of the de ceased was due to shock and hemorrhage as a result of ante mortem injuries.