MAKHAN SINGH 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 judgment and order dated 30-03-1991, passed by learned Additional Sessions Judge Nainital, in Sessions trial No. 48 of 1989, whereby the appellants, namely Makhan Singh, Arujun Singh, Dayal Singh and Jarnail Singh are convicted under Section 302 read with Section 34 of the Indian Penal Code, 1860 (here inafter referred as I. P. C.) and each one of them is sentenced to undergo impris onment for life under Section 302 read with Section 34 of I. P. C. The accused / appellants are also convicted under Sec tion 201 of I. P. C. and each one is sen tenced to undergo rigorous imprison ment for a period of one year on that count.

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) BEFORE further discussion, we think it just and proper to mention here the ante mortem injuries found on the body of the deceased Pappu Singh at the time of postmortem examination, which are recorded by P. W. 4 Dr. J. S. Pangti, who conducted the postmortem examination and prepared the autopsy report (Ext. A-3 ). The same are being reproduced below : ij "lacerated wound 6 cm x 2 cm over left aspect of head, scalp deep. ii) Contusion 6 cm x 4 cm over left temporal region, redish in col our, 2j/2 cm above left ear, bleeding from left ear present Hi) Contusion 6 cm x 4 cm over up -. per aspect of right elbow. Redish in colour. iv) Contusion 5 cm x 3 cm over right thigh upper, redish in col our. v) Contusion 6 cm x 3 cm over right knee, redish in colour. vi) Abrasion liner 6 cm x 1cm over from the right leg. 12 cm below of right knee. vii) Contusion 6 cm x 4 cm over left fore arm at middle. viii) Contusion 6 cm x 3 cm of left leg redish in colour. ix) Contusion 3 cm x 2 cm over from the left leg red in colour. x) Contusion 6 cm x 4 cm over from the left leg redish in col our. xi) Contusion 8 cm x 4 cm on back of elbow redish in colour. The Medical Officer who conducted the post mortem examination has opined that cause of death was comma as a re sult of ante mortem injuries.