V.N.Mehrotra, J. - (1.) This appeal has been filed against the judgment dated 4.2.1982 by Shri Umesh Chandra, Sessions Judge, Pauri Garhwal convicting the appellant Sohan Singh, for the offence under Section 302 I.P.C. and sentencing him to undergo imprisonment for life.
(2.) It is said that accused Sohan Singh was a resident of village Dwari, Patti Paino district Pauri Garhwal. Deceased Sultan Singh was also a resident of the same village. It is alleged that there was a dispute between the accused Sohan Singh and the deceased Sultan Singh regarding some money transaction. While the accused used to say that the deceased was not paying his dues the deceased did not accept his liability which led to exchange of abuses and quarrels. It is said that in the night of 26/27.8.1980 accused Sohan Singh was abusing Sultan Singh and demanding his money loudly. Smt. Tara Devi (P.W. 2), who is the wife of Sultan Singh told him about this fact. It is said that in the morning of 27.8.1980 at about 9 A.M. the deceased came to the house of the accused loudly enquiring as to what amount was due from him. It is said that as the deceased was climbing plight of stairs leading to the chhajja of the accused; the latter brought out a gandasa and struck him on the head. The deceased fell down on the steps. The occurrence was seen by Chandan Singh (P.W. 1) and also by Smt. Tara Devi, who was present nearby. On the farm being raised by Chandan Singh a number of persons reached the scene of occurrence. The accused thereafter ran away from his house. A number of villagers then proceeded to trace out the accused but they could not find him. Two of the villagers were then sent to the Kaindalsera to contact the pradhan but he was not available. These persons returned at 1 P.M. and than Chandan Singh wrote out the report (Ext. Ka. 1). It was handed over to the Gaje Singh (P.W. 5) who took it to the patwari Yashwant Singh (P.W. 6). The case was registered at 7.00 p.m. on that day. The distance between the place of occurrence and the place where the F.I.R. was lodged was 8 miles. Patwari reached the scene of occurrence next day in the morning. He found that the dead body of Sultan Singh was lying on the stairs leading to the house of the accused. He prepared a panchayatnama of the dead body. He took in his possession the blood stained and plain earth and sealed the same and also prepared necessary memos. The Investigating Officer then sealed the dead body and sent the same for post mortem examination alongwith necessary papers. The Investigating Officer also prepared the site plan of the place of occurrence. He recorded the statements of Chandan Singh and Smt. Tara Devi. The accused was arrested at about 6 P.M. on the same day. He was interrogated and at his pointing out blood stained gandasa (Ext. 1) and his blood stained clothes (Exts. 4 and 5) were recovered. Memos (Ext. Ka 3 and Ka 4) were prepared in respect of the same. After completing the investigation charge sheet was submitted against the accused. Blood stained clothes, gandasa etc. were sent to the Chemical Examiner. Ext. Ka 16 is the report received from him.
(3.) The post mortem examination of the dead body was conducted by Dr. S.S. Singhal (P.W. 7). He found the following ante mortem injuries: "Incised wound on scalp at back 15 cm. x 5 cm. x 12 cm. with tapering ends, vertically placed over midlive. The upper end of the wound 13 cm. from upper attachment of right ear eloffed blood present over the hair around the wound. Multiple depressed, comminuted fractures of both the parietal bones and occipital bones present underneath the wound on removing the fractured bone pieces. These dura matter was found to be tom at several places. Brain underneath found lacerated and partially liquefied coming out of the wound. Semi clotted blood seen over and underneath the fractured bones. Maggots present in the wound. Incised wound 12 cm. x 5 cm. x 12 cm. present at back of scalp trausressely placed adjacent to lower and of injury no. 1 with tapering ends. Musely enweath the wound Gut, bone underneath (occipital bone) fractured, conuniorfed, depressed fractures on removing the fractured, bone pieces. The dura matta was found to be tom at several places. The brain underneath was found to be lacerated. Semi-liquefied coming out of the wound Semi clotted daur blood present over the hair and injured muscle tissues, outer and inner side of fractured bone pieces. Maggots present in the wound." In the opinion of Dr. Singhal the death was caused due to multiple fractures of skull bones and laceration of brain. The injuries were sufficient to cause death in the ordinary course of nature. According to Dr. Singhal, who had conducted the post mortem examination at 1 p.m. on 30.8.1980. The death was caused some three days back.;