- (1.) B. C. Kandpal, J. This criminal appeal arises out against the judgment and order dated 29-09-1995 passed by Sessions Judge, Uttarkashi in Sessions Trial No. 18 of 1992 State vs. Baldev Singh under Section 302 I. P. C. thereby convicting the appellant under Section 302 I. P. C. and sentencing him to undergo for life imprisonment.
(2.) BRIEF facts of the prosecution story are that on 29-07-1992 deceased Jayendra Singh along with certain other persons of the village Uparikot, Police Station Kotwali, District Uttarkashi were sitting at the house of Kedar Singh and were talking about the dealership of fair price shop. One Chandra Mohan who was the grandson of Baldev Singh had sub mitted an application for dealership and there was some conversation be tween Jayendra Singh and Baldev Singh for making signature over that application. Jayendra Singh objected to it and whereupon a quarrel took place between Jayendra Singh and Baldev Singh. When this conversation was go ing on at the house of Kedar Singh in the night, Baldev Singh after having ex changed of hot words, left the place of occurrence. It was about 12. 15 at night of 29/30-07- 1992 when Jayendra Singh was going to his house and as soon as he reached the Chowk of the house of Kedar Singh from where a Rasta leads, accused Baldev Singh see ing him alone started giving knife blows saying that he was raising objections in their work hence he will not leave him alive. On hearing hue and cry, Bhajan Singh, Ham Singh and Kedar Singh reached at the place of occurrence and rescued Jayendra Singh from Baldev Singh but by that time Jayendra Singh had already sustained knife blows on his person. Baldev Singh ran away from the spot. Jayendra Singh fell down on the heap of stones lying at a distance of about 10 paces from the place where he was stabbed. Jayendra Singh died spontaneously.
(3.) REPORT with regard to the inci dent was given to the complainant Kamal Singh Rawat by the father of deceased and on the basis of this report a case was registered against the accused/appellant-Baldev Singh at P. S. Kotwali Uttarkashi on 30-07-1992 at about 7:30 a. m. After the First Informa tion was lodged, the police reached at the spot and inquest on the body of the deceased was conducted on 30- 07-1992. Thereafter the body of Jayendra Singh was sent for. post mortem. Dr. Ajit Gairola conducted the post mortem on the body of the deceased on 31-07-1992 at 11. 00 a. m. and he found follow ing anti mortem injuries on the person of the deceased - Jayendra Singh : "1) Incised wound 3cm x 1 cm on left side of chest, on 6th rib, 2 cm below left nipple and 7cm. Lateral to midline. Blood clot was present wound communica tive on thoracic cavity. 2) Incised wound 2cm x 1 cm deep on left thigh, 18cm above left knee. 3) Incised wound 4cm x 1. 5cm deep on back of left thigh 11cm above knee. " The doctor mentioned in the post mortem report that the condition of the internal organ were effected by the injuries and in the opinion of the doctor the death was caused about one day ago. The death was caused due to ante mortem injuries to heart (injury No. 1) as well as shock and haemor rhage.;