MAHENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (herein after referred as Cr. P. C.), is directed against the judgment and order dated 26. 11. 1993, passed by 3rd Additional Sessions Judge, Nainital, in Sessions Trial No. 222 of 1987, whereby the accused/ap pellant- Mahendra Singh is convicted un der Sections 302 and 201of Indian Penal Code, 1860 (herein after referred as I. RC), and sentenced to undergo imprisonment for life under Section 302 I. P. C. and rig orous imprisonment for a period of five years under Section 201 I. P. C.

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

(3.) BEFORE further discussion, it is per tinent to mention here the ante mortem injuries found on the body of the de ceased. Autopsy report. (Ext. A-6) pre pared by P. W. 8 Dr. R. P Sharma, at 4:30 p. m. , shows following ante mortem inju ries found on the dead body of the de ceased Sher Singh : 1. Incised wound 6cm X 4cm X bone cut on the back of left side head 6cm below left ear. Occipi tal bone cut. 2. Incised wound on the front of neck middle at the level of cervi cal 5th vertebra through and through. Skull is attached to trunk at back. Autopsy report (Ext. A-7) prepared by Dr. R. P Sharma (P. W. 8) on 20. 07. 1987, at 3:30-p. m. , shows following ante mortem injuries on the dead body of de ceased Jagdish, aged 4 years, son of Sher Singh : 1. Incised wound encircling the neck whole anteriorly, 8cm X 6. 5cm X bone cut through and through at the level of cervical third vertebra. The ante mortem injuries recorded in autopsy report (Ext. A-8), prepared by Dr. R. P Sharma (P. W. 8) on post mortem ex amination of Darshani Devi (second wife of Sher Singh), at 3:00 p. m. , disclosed following ante mortem injuries : 1. Incised wound 3cm X 2. 5cm on the right wrist outer part of right ulna and radius cut at lower end partially. 2. Incised wound 6cm X 3cm X bone deep on the right side of neck. Just below right ear pinna. 3. Incised wound 7cm X 3cm X bone on the left foot outer aspect. Autopsy report (Ext. A-9) prepared by Dr. R. P Sharma (P. W. 8) on post mortem examination of Munni (aged 3-4 months, daughter of Sher Singh), at 3:50 p. m. dis closed following ante mortem injuries : 1. Incised wound on the anterior part of neck through and through at the level of cervical 3 vertebra.