DAYAL SINGH Vs. STATE

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 31-07-1991, passed by learned Sessions Judge, Chamoli at in Sessions Trial No. 25 of 1989, whereby the appellants, namely, Dayal Singh, Pooran Singh, Ghanshyam Singh and Aalam Singh, are convicted under Section 302, / 34 read with Section 201 Indian Penal Code, 1860 (hereinafter referred as I. PC.) and each one of the convict/appellant is sentenced to impris onment for life, under Section 302/34 of I. P. C. , and to rigorous imprisonment for a period of seven years, under Section 201 of I. P. C.

(2.) HEARD learned counsel for the appellants, learned Government Advo cate for the State, and perused the trial court record.

(3.) BEFORE further discussions, we think it just and proper to mention what was found in the postmortem examina tion report by P. W. 5 Dr. A. K. Dwivedi, who prepared autopsy report (Ext A-4 ). The said report discloses that dead body was more than ten days old of average built person in a badly decomposed con dition. It was further mentioned by the Medical Officer that no clear cut opin ion can be given about the injury be cause the body was badly decomposed. Even flesh and skin were absent from all over the upper extremity. Skull was sepa rated. All the teeths were absent from the upper jaw. Lower jaw separated from the skull. Two molar were attached. Four ribs broken and separated from the body of left side (3rd, 6th, 7th, and 8th ). Left hand was separated from the body and fingers of left hand were also absent. Both the legs were separated from the hip joint and skin and flesh was given foul smell putrefied. On the internal ex amination membrances and brain were found absent. Heart and lungs were also found absent. Intestine, liver, pancreas, spleen, ballbladder and oesophagus were also found absent. The Doctor at the end of his report mentioned that cause of death could not be ascertained.