DAYAL 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 16-08-1991, passed by the then learned Sessions Judge, Tehri Garhwal, in Sessions trial No. 19 of 1990, whereby accused / appellant Dayal Singh has been convicted under Section 302 and 201 of the Indian Penal Code, 1860 (hereinafter referred as I. FC.), and the remaining two accused / appellants, namely Smt. Mula Devi and Smt. Rajmati are convicted under Section 302 read with Section 34 of I. P. C. and under Section 201 of I. P. C. Each one of the convict has been sentenced to un dergo imprisonment for life under Sec tion 302 (read with Section 34 for ac cused / appellants Smt. Mula Devi and Smt. Rajmati) and rigorous imprison ment for a period of two years under Section 201 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 and postmortem injuries re corded by P. W. 7, Dr. RR Raturi, who conducted the postmortem examination and prepared the autopsy report (Ext. A-11 ). The same are being reproduced below :- Ante mortem Maries : Contusion 10 cm x 6 cm on the front of the neck extending on the both sides 4 cm below the chin. On dissection there Is extravasation of blood In subcutaneous tissue. Ad jacent neck muscle are lacerated. Grater Cornu of Hyoid bone on right side fractured. Postmortem Injuries : There Is burn Injuries over head, face, chest, abdomen, both upper limbs and both thighs. There Is no line of redness and no vesication. The cause of the death, according to the Medical Officer, who conducted the postmortem examination, is recorded to be 'death due to asphyxia as a re sult of ante mortem strangulation. '