RANVIR SINGH Vs. STATE

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred as Cr. P. C.), is di rected against the judgment and order dated 16-04-1993, passed by learned Sessions Judge, Tehri Garhwal, in Ses sions trial No. 24 of 1989, whereby accused/appellants Ranvir Singh and Jaibir Singh have bee is convicted under section 302 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred as I. P. C. ). Each one of the convicts is sen tenced to imprisonment for life under Section 302 of I. P. C. Accused/appellant No. 1 Ranvir Singh is further convicted and sentenced to rigorous imprisonment for a period of three years under Sec tion 498-A of I. P. C.

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

(3.) BEFORE further discussion, it is pertinent to mention here, the ante mortem injuries found on the dead body of Sushila Devi (deceased) recorded by the team of Dr. R. K. Pant (P. W. 7) and Dr. S. S. Rawat on 25- 01-1989, who pre pared the autopsy report (Ext. A-4 ). The ante mortem injuries mentioned in the autopsy report read as under : i) Circular burn mark 0. 5 cm In diameter on forehead at midline Just below hairline, margins clearly defined, skin deep. II) Burn mark 0. 5 cm In diam eter right side of forehead, margins clearly defined, skin deep, 1 cm lateral to injury No. 1. III) Ligature mark around the neck directed obliquely up wards, following the line of mandible Interrupted at the back. Ligature mark Is 2 cms broad, superficial. Iv) On abrasion 2 x 0. 5 cm on right leg just below knee which Is vertically lying. v) One abrasion 0. 5 x 0. 5 cms on right leg 2 cms below In jury No. 4. vl) Abrasion 1 cm x 0. 5 cm on left knee. vil) One abrasion 0. 5 cm x 0. 5 cm, 1 cm below Injury No. 6 on left leg. vlll) Lacerated wound 1. 5 cm x 0. 5 cm x 0. 5 cm on left vulva vertical In direction, margin Irregular, clotted blood present In the wound and has also dripped down to both legs. Vegina clean. Ix) Tongue compressed between cleansed teeth. x) Saliva (dried) present on right angle of mouth. " The cause of death, according to the Medical Officers was asphyxia due to hanging.