CHINTAMANI Vs. STATE

JUDGEMENT

(1.) THIS appeal, preferred under section 374 of Code of Criminal Procedure, 1974 (herein after re ferred as Cr.P.C.), is directed against the judgment and order dated 18.7.1994, passed by learned Sessions Judge, Chamoli, in Sessions Trial No. 4 of 1992, whereby accused/appellant Chintamani, has been convicted under sections 302 and 201 of Indian Penal Code, 1860 (herein after re ferred as I.P.C.). He is sentenced to un dergo imprisonment for life under section 302/34 I.P.C. and no separate punishment is awarded under section 201 I.P.C.

(2.) HEARD learned Counsel for the parties and perused the Lower Court rec ord.

(3.) BEFORE further discussions, we think it just and proper to mention here the ante-mortem injuries, recorded by P.W. 4 Dr. Vinod Kumar Dhaundiyal, in the autopsy report (Ext. A-5), after post-mor tem examination: - 1. In left upper limb there was no flesh at all. Only bones humerus, medius visible. 2. On left side of neck, there was no flesh. Bones were visible. 3. Left side of face-all muscles were lacerated. 4. Left side of chest, there was no flesh and bones visible. According to the Medical Officer, at the time of post-mortem examination, the dead body was in a decomposed condition and about one week old. On internal examina tion, the Medical Officer found punctured ribs No. 3, 4, 5, 6, 7 and 8 on the left side. There was laceration under fracture in pleura and left lung. P.W. 4 Dr. Vinod Ku mar Dhaundiyal, opined in his report (Ext. A-5) that cause of death of the deceased was due to shock and haemorrhage, as a result of ante-mortem injuries. From the evidence adduced by P.W. 4 Dr. Vinod Kumar Dhaundiyal, read with the autopsy report (Ext. A-5) it is established on record that Bhawan Singh died homicidal death.