RAM SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) PRAFULLA C. Pant, J. These appeals, preferred under Sec tion 374 of Code of Criminal Procedure, 1973 (hereinafter referred as Cr. P. C.), are directed against the judgment and order dated 28-02-2004, passed by learned Sessions Judge, Rudraprayag, in Sessions Trial No. 28 of 2003, whereby the accused / appellants- Ram Singh and Raj Kumar Kathaith are convicted un der Section 302 read with Section 34 of Indian Penal Code, 1860 (hereinafter re ferred as I. PC.), and each one of the convicts / appellants is sentenced to imprisonment for life.

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

(3.) BEFORE further discussions, it is pertinent to mention here the ante mortem injuries, found on the dead body of the deceased by FW. 10 Dr. Uttam Singh Mehta, who prepared post mortem examination reports Ext. A-21 (in respect of dead body of Gainu Lai), Ext. 22 (in respect of dead body of Naurti Devi) and ext. A-23 (in respect of dead body of deceased Shanti Devi ). Ante mortem injuries found on the dead body of Shanti Devi : 1. Incised wound 20cm x 2cm x brain deep over upper posterior part of head extending from left temporal region to right tempo ral region. 2. Incised wound 4cm x 0. 5cm x muscular deep just lateral to the left corner of left eye. 3. Incised wound 2cm x 0. 5cm x skin deep just below the middle of left eye brow. 4. Lacerated wound 5cm x 0. 5cm x skin deep over the back of left wrist joint. In the opinion of Medical Officer, cause of death was haemorrhage and shock as a result of ante mortem injuries. Ante mortem Injuries found on the person of Gainu Lal : 1. Incised wound 8cm x 1 cm x brain matter deep present over right temporal region through upper part of pinna of right ear. 2. Incised wound 3cm x 2cm x oral cavity deep present over upper part of right cheek. 3. Incised wound 7cm x 1. 5cm x oral cavity deep over right side of mandible. In the opinion of the Medical Of ficer, cause of death of the deceased was haemorrhage and shock as a result of ante mortem injuries. Ante mortem injuries found on the person of Naurti Devi : 1. Incised wound 8cm x 1 cm x brain matter deep present over upper and posterior part of left side of hear. 2. Incised wound 4cm x 0. 5cm x through and through over upper part of pinna of left ear. 3. Incised wound 4cm x 0. 5cm x through and through over lower part of pinna of left ear. 4. Incised wound 3cm x 2cm bone deep (with mandible fracture) over left corner of lower lips. In the opinion of the Medical Of ficer, cause of death was haemorrhage and shock as a result of ante mortem injuries.