Umesh Chandra Dhyani, J. -
(1.) ONE Inder Singh Negi wrote a complaint to Patti Patwari, Malli Kutoli, Tehsil and District Nainital, on 18.11.2003, regarding the killing of his younger brother Govind Singh. According to the informant Inder Singh Negi, on 17.11.2003, at 7:30 p.m., his younger brother Govind Singh was killed by the fellow -villager Kishan Singh alias Actor s/o late Padam Singh. The accused -appellant killed the victim with an axe. Inder Singh Negi and the villagers found bloodstains in the house of Kishan Singh. While tracing blood trail, informant and the villagers found the dead body of Govind Singh in the bush, below the house of Kishan Singh. Chik FIR was lodged with the Revenue Police on 18.11.2003, at 2:00 p.m. There appeared to be no delay in lodging the first information report.
(2.) ON the basis of said first information report, which was registered as case crime no. 06/2003, under Sections 302 /201 IPC in Patti Malli Kutoli, Nainital, the investigation began. PW 7 Anand Singh Bisht started investigation on 20.11.2003. He took the statements of PW 1 Motima Devi and PW 2 Inder Singh Negi on 21.11.2003. PW 7 affected the arrest of accused Kishan Singh on 27.11.2003. PW 7 recorded the statements of PW 5 Harish Chandra Singh, PW 6 Har Singh, Rasooli Devi, Asha Devi, Kishan Singh and Shambhu Dutt on 28.11.2003. He took the statement of PW 3 Sunder Singh on 03.12.2003 and statement of PW 4 Rajendra Singh on 07.12.2003. On 09.12.2003, PW 7 took the statements of Dinesh Singh and Dan Singh. On 03.12.2003, he recorded the statements of Virendra Singh, Pushpa Devi and Batuli Devi. On 14.12.2003, he took statement of Pushkar Singh. On 30.12.2003, PW 7 recorded the statements of PW 8 Kevlanand Tiwari (Patwari) and Jai Chand (Naib Tehsildar). After completing investigation, PW 7 submitted charge -sheet (Ext. Ka -5) against the accused Kishan Singh for the offences punishable under Sections 302 /201 IPC on 06.01.2004. The statement of PW 1 Smt. Motima Devi was also got recorded under Section 164 Cr.P.C. When the trial began and prosecution opened it's case, charges for the offences punishable under Sections 302 /201 IPC were framed against the accused Kishan Singh, to which he pleaded not guilty and claimed trial. As many as 10 prosecution witnesses, namely, PW 1 Motima Devi, PW 2 Inder Singh Negi, PW 3 Sunder Singh, PW 4 Rajendra Singh, PW 5 Harish Chandra, PW 6 Har Singh, PW 7 Anand Singh Bisht, PW 8 Kevlanand Tiwari, PW 9 Dr. Sanjay Gupta and PW 10 Mahendra Kumar Joshi were examined on behalf of prosecution. Incriminating evidence was put to the accused under Section 313 Cr.P.C., in which he denied the allegations and said that he was falsely implicated in the case. No evidence was given in defence. After considering the evidence on record, learned trial court convicted accused -appellant Kishan Singh alias Actor for the offences punishable under Sections 302 IPC and 201 IPC. He was sentenced to undergo imprisonment for life and a fine of Rs. 10,000/ - in connection with the offence punishable under Section 302 IPC. He was sentenced to undergo rigorous imprisonment for five years and a fine of Rs. 5,000/ - in connection with offence punishable under Section 201 IPC. Aggrieved against the order of conviction and sentence, present criminal appeal was preferred.
(3.) WHEN the post -mortem on the dead body of the deceased was conducted by the Medical Officer PW -9 Dr. Sanjay Gupta, he found the following ante -mortem injuries on victim's dead body:
i. Lacerated wound with bruised edges, size 2' x 1/2' placed transversely over left cheek extending from bone of left ear forwards & downwards obliquely. Blood clots present. Muscles exposed and bone fractured underneath it.
ii. Lacerated wound with bruised edges, size 3' x 1/2' present over left occipital parietal region (behind left ear). Placed transversely. Blood clots present underlying bone fractured and brain matter coming out of wound.
iii. Lacerated wound with bruised edges, 3 1/2' x 1/2' present over left parietal region. Directed transversely about 1 1/2' above injury no. 2, blood clots present underlying bone fractured and brain matter coming out of wound.
The Medical Officer, who prepared the post -mortem report (Ext. Ka -16), opined that the cause of death of victim was shock and haemorrhage due to ante -mortem wounds.;