Decided on July 18,2013

Harish Singh Appellant


- (1.) The judgment and order, under challenge, pertains to the cruel murder of a school going 19 years' young girl while she was on way to school from her house on 07.08.2007 at about 9:30 A.M. Accused/appellant Harish Singh was tried for the offence of Section 302 I.P.C. by learned Sessions Judge, Almora in S.T. No.41 of 2007, and he was convicted for the said offence. Learned Sessions Judge has passed the appropriate sentence too.
(2.) The report (Ex.Ka-1) was lodged by PW4 Shekhar Chandra, real brother of deceased Km. Pushpa. Deceased was pursuing her studies of Class XI in the Government Inter College, Naini (District Almora). On the relevant date and time, the appellant/accused struck a number of knife blows in her body, making her blood soaked. With the result, she fell down on the earth. Resultantly, she breathed her last on the place of occurrence itself.
(3.) The first information report of the occurrence was lodged by PW4 at 2 PM the same day i.e. on 7.8.2007. Chik report whereof is Ex.Ka-3. Inquest (Ex.Ka-4) of the deceased was also conducted on the date of incident itself which came to be concluded at 6:30 P.M. All the members of inquest opined for conducting the post-mortem since the death was caused due to a number of stab wounds visible on the body of deceased. Autopsy (Ex.Ka-2) was done on 8.8.2007 at 1:30 PM in District Hospital, Almora by PW5 Dr. P.S. Takuli. The following ante-mortem injuries were found: - 1. "An incised wound 6 x 4 cm involve left ear lobule upto mid left cheek, clean cutted edge, smooth even everted tailing inferiorly bright colour, obliquely positioned. 2. An incised wound 9 x 3 cm from mid cheek left to below lower lip edge smooth, even clean cut, well defined, everted tailing inferiorly obliquely positioned. 3. An incised wound 4 x 31/2 cm from mid of right side neck edge smooth, even clean cut well defined everted tailing inferiorly, wound cutting trachea into two pieces. 4. An incised wound over back on nape of right neck 6 x 31/2 cm, same nature as above. 5. An incised wound over base of neck right side 4 x 2 cm, same nature as above mentioned. 6. An incised wound over right shoulder 4 x 2 cm. 7. An incised wound over right lumber region 3 x 2 cm at level L1-L2. 8. An incised wound over right lumber 4 x 2 cm L3-L4 level. 9. An incised wound over left shoulder 4.5 cm x 11/2 at level T3/T4. 10. An incised wound inter scapular region 4 x 2 cm at level T 5-T6. 11. An incised wound inter scapular region 41/2 x 3 cm at level T7/T8. 12. An incised wound left lumber 4 x 3 cm at level L4-L5. 13. An incised wound over left sacral region at level S2-S3. In respect of injuries no.8 to 13, all wounds are clean cut, edge smooth, even everted and bright colour was found.";

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