- (1.) PRAFULLA C. Pant, J. This appeal, preferred under Section 374 (2) of Code of Criminal Procedure, 1973 (herein after referred as Cr. P. C.) is di rected against the judgment and order dated 09-04-1987, passed in Sessions Trial No. 24 of 1986, whereby Sessions Judge, Almora has convicted the appel lant Balwant Singh under Section 302 of Indian Penal Code, 1860 (herein af ter referred as I. PC.) and sentenced him to imprisonment for life.
(2.) WE heard learned counsel for the parties and perused the entire record. Prosecution story, in brief, is that informant Devendra Singh Nagarkoti (P. W. I) is resident of village Salam, Patti Talla Katyur and is engaged in a business of woolen and readymade gar ments in Katyur market. On 13-03-1986, he was beaten by appellant Balwant Singh of his village on which he reported the matter to the police. About one month thereafter, on 15-04-1986 P. W. I Devendra Singh along with Kamarjeet Singh (deceased) was going to his village Salam, and both of them were traveling in a bus from Bageshwar. At about 11:30 A. M. , the bus stopped at village Mostgaon and both of them got down there. When accused Balwant Singh saw them he exclaimed that they have come to kill him. He armed with a lathi attempted first to beat informant Devendra Singh Nagarkoti but he got hid in a nearby bush and thereafter Balwant Singh started, beating Kamarjeet Singh with lathi. Meanwhile, two police Con stables namely Hem Singh (P. W. 3) and Manohar Dutt heard cries of Kamarjeet and came on the spot, challenging the accused Balwant Singh. On this, Balwant Singh fled away and constables made attempt to chase him but could not apprehend. After sometime people started collecting at the spot but by then Kamarjeet had already died. Devendra Singh Nagarkoti, leaving the dead body in the guard of police constables, went to police station Bagesh warand lodged First Information Report (Ext. A-l) at about 3:15 RM. on 15-04-1986. Head Constable Clerk Gopal Ram (P. W. 4) at the police station, prepared check report (Ext. A-3) of the First Information Re port and also made necessary entry in the general diary, extract of which is Ext. A-4. Shri D. R Singh (P. W. 5), the Inves tigating Officer, investigated the crime. He went to spot and got prepared the inquest report (Ext. A-5), police form No. 13 (Ext. A-6), police form No. 33 (Ext. A-7), police form No. 238 (Ext. A-8), sketch of the dead body (Ext. A-9), and thereafter sent the dead body for post mortem examination through constables, which included constable Madhaw Ram. The Investigating Officer collected the simple soil and blood stained soil from the spot and prepared memo (Ext. A-10 ). He also prepared site plan (Ext. A-11 ). On 16-04-1986 at about 11:15 A. M. , P. W. 2 Dr. N. D. Punetha con ducted the autopsy on the dead body of Kamarjeet and prepared post mortem examination report (Ext. A-2 ). He opined that cause of death of the deceased was shock and haemorrhage, as a result of multiple injuries found on the body of the deceased. After arresting the accused, the police got recovered lathi (rod) and the stone, which were used by the ap pellant in commission of the crime and prepared recovery memo (Ext. A-12 and Ext. A-13 ). After recording the state ments of the witnesses and completion of the investigation, charge sheet (Ext. A-16) was filed by the Investigating Of ficer before the Magistrate concerned. The Magistrate, on receipt of the charge sheet, registered the same and af ter giving necessary copies to the ac cused, as required under Section 207 of Code of Criminal Procedure, 1973, committed the case to the Court of Sessions, for trial.
(3.) LEARNED Sessions Judge after hearing the prosecution and the defence, framed charge of offence, punishable under Section 302 I. P. C. against the ac cused Balwant Singh, who pleaded not guilty and claimed to be tried. On this, prosecution got examined P. W. 1 Devendra Singh Nagarkoti (Informant and eye-witness), P. W. 2 Dr. N. D. Punetha, who conducted the post mortem examination on the dead body of deceased Kamarjeet, P. W. 3 Consta ble Hem Singh (eye-witness), P. W. 4 Con stable Clerk Gopal Ram, who prepared check report of the First Information Re port and made entry in the general di ary and P. W. 5 Shri D. R. Singh, the In vestigating Officer. Apart from the above five witnesses, affidavits of constable Manwar Singh, who deposited the re covered articles in the Malkhana, and that of constable Madhaw Ram, who took the dead body to the Medical of ficer for post mortem examination, were filed in support of the prosecution. All the documentary and oral evidence were put to the accused Balwant Singh un der Section 313 of Cr. P. C. in reply to which he alleged that the evidence ad duced by the prosecution is false and he further said that he had falsely been im plicated in the crime due to the enmity. No evidence were adduced in defence by the accused. After hearing the prosecu tion and the defence, the trial court found accused Balwant Singh guilty of offence punishable under Section 302 I. P. C. After hearing the convict on sen tence, he was sentenced to imprison ment for life. Aggrieved by said judg ment and order dated 09-04-1987, this appeal was preferred before the Allahabad High Court by the convict in the year 1987, which was received by this Court by transfer under Section 35 of U. P Reorganisation Act, 2000, for its disposal. Before further discussions, it is pertinent to mention here the ante mortem injuries found on the person of the deceased, at the time of autopsy. Ext. A-2 (Post Mortem Examination Report) read with the statement of Dr. N. D. Punetha (P. W. 2), discloses follow ing ante mortem injuries on the person of the deceased : 1. Lacerated wound 3l/2 cm x 2cm x bone deep, present on the left side of the parietal region of the head. 10cm above the left ear. 2. Lacerated wound 6cm x 2cm x bone deep, present on the right side of the parietal region of the head. 3. Abrasion multiple 4cm x 2cm, 4cm x 21/2 cm, 2cm x 2cm, present on the right side of the neck in an area of 10cm x 6cm. 4. Contusion 6cm x 2cm present on the right side of the delta region. 5. Contusion 6cm x 3cm, present on the right side of the arm anterior aspect in the middle. 6. Lacerated wound 2cm x 1 cm x muscle deep, present on the right side of the arm, 3cm below the injury No. 6.;