SAROJANI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (hereinafter referred as Cr. P. C.), is directed against the judgment and order dated 15-02-1991, passed by learned Sessions Judge, Pauri Garhwal, in Ses sions Trial No. 13 of 1989, whereby the accused/appellants- Sarojani Devi and Madhwanand, are convicted under Sec tion 302 read with Section 34 of Indian Penal Code, 1860 (hereinafter referred as I. PC.), for commission of murder of one Km. Kiran, and under Section 304 Part II read with Section 34 I. P. C. (as well as under Section 314/34 I. P. C.) for causing death of Smt. Manju and under Section 201 read with Section 34 I. P. C. for caus ing disappearance of their bodies from the place of incident. Each one of the convicts is sentenced to imprisonment for life under Section 302 read with Section 34 I. P. C. , to rigorous imprison ment for a period of ten years under Section 304 Part II read with Section 34 I. P. C. and rigorous imprisonment for a period of three years under Section 201 read with Section 34 I. P. C.

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

(3.) BEFORE further discussions, we think it just and proper to mention re garding what has been found in the post mortem examination report, which was conducted by team pf doctors-Dr. C. P. Dimri, Dr. R. K. Saxena and Dr. P. C. Fuloria. Ext. A-l is the post mortem ex amination report, proved by P. W. 1 Dr. PC. Fuloria, which relates to dead body of Smt. Manju. As per the report, the lady was 24 years old. The dead body was 1 and 1/2 day old. No ante mortem injuries were found on her dead body. The team of doctors could not ascertain the case of death. However, viscera was preserved. On internal examination of generating organs, the doctors found that on opening uterus, male foetus 24 cm in length, weight 380 grams with 5 hairs on scalp present, vernix, caseosa, present on the body. As to the condition of vagina, it is mentioned that vaginal orifis was found dilated. Blood present in the vagina. Rugocit present in vagi nal mucus. On opening uterus it is found containing intact membranes, amniotic fluid present.