- (1.) P. C. Verma, J. The aforesaid criminal appeals arise out of the one and same judgment and the facts and evidence are common, there fore they are being disposed of together by this judgment. Criminal appeal No. 842 of 2001 shall be the leading case.
(2.) THESE criminal appeals, preferred under Section 374 (2) of the Criminal Procedure Code, are directed against judgment and order dated 24-06-1987 passed by the then Sessions Judge, Pithoragarh in Sessions Trial No. 6 of 1987, whereby appellants Khushal Singh, his wife Smt. Sarswati Devi and son Mahipal Singh have been convicted under Section 302 of the Indian Penal Code read with Sec. 34 of the same Code and each of them sentenced to life imprisonment. At the time of hearing, the learned counsel for the appellants sub mitted that appellant Khushal Singh died during the pendency of appeal. In this regard, a report was called for from the Chief Judicial Magistrate, Pithoragarh who sent his report dated 26-08-2006 about the death of the above named appellant. It reveals from the said report that appellant Khushal Singh died on 21-02-1993. Hence the appeal is dismissed as abated on behalf of Khushal Singh. The prosecution case, as un folded during the trial, is that on the fateful morning of 29-11-1986 the dead body of deceased Smt. Rukmani Devi of Village-Lelu was lying on her bed. Accused Khushal Singh (father-in-law of deceased) called the Pradhan of the Village. He showed him the dead body. The Pradhan at his end as abundant caution asked one Karam Singh to in form the police about the suspicious death of Smt. Rukmani Devi. Thereaf ter Karam Singh prepared the written report (Ext. Ka-13) and lodged the same at 11. 00 a. m. at Police Station Kotwali, Pithoragarh, G. D. entry of which is Ext. Ka-8. Sub Inspector Sri Tika Ram went to Village-Lelu and inspected the room in double storeyed house of ac cused Khushal Singh where the dead body of Smt. Rukmani Devi was lying on a cot covered with woolen shawl. He removed the shawl from her body and inspected it. He considered that she had died under circumstances raising suspi cion. He, therefore, called the respect able persons of the Village, appointed them Panchas and in their presence held the inquest on the dead body and pre pared the inquest report Ext. Ka-10. The Police Sub inspector and the Panchas were not definite about the actual cause of death. Therefore, he sent it to mor tuary in sealed cover for post mortem examination. Ram Singh (P. W. 3) father of the deceased Smt. Rukmani Devi had also reached the Village-Lelu. He wit nessed the condition of the corpse and suspected that his daughter did not at tain the natural death, but was done to death by her in-laws. Then on the same day i. e. 29-11-1986 at 01. 00 p. m. he gave written report Ext. Ka-4 to the po lice.
(3.) ON the basis of aforesaid written report of Ram Singh (father of the de ceased) Head Moharir Lal Singh Bora (P. W. 5) prepared the Chick F. I. R. and registered the case under Section 302 & 498-A of the Indian Penal Code against the mother-in-law and brother-in-law of deceased Rukmani Devi. The Incharge of Police Station Sri R. A. Rathore, took the investigation of the case in his hand. He recorded the statement of complainant Ram Singh (P. W. 3 ). Dr. O. K. Sharma (P. W. 4) con ducted autopsy on the dead body of deceased at 11. 20 A. M. on 30-11- 1986. On external examination he found that the deceased was a young lady of 23 years of average muscular built. He also found the rigor mortis passed off from the neck, upper extremities and trunk but was partially present in the lower limbs. The post mortem staining was present over dependent parts of the body. The face was swollen, tongue was protruding and bitten under teeth and oedematous blood forming was present in the nostrils and over and around the mouth. The food particles were present with blood. Eyes closed and swollen. Both pupils dilated. Faeces present in anus and out of it. Dr. Sharma also found following ante mortem injuries on the dead body : 1. Abraded contusion in an area of 12cm. Transversely x 8cm. Vertically over right side of neck. Obliquely extending from right sterno mastoid process to down wards along with lower border of mandible upto middle of neck over thyroid cartilage. Crescentic 8 nail marks over the contusion. Colour was brownish. 2. Abrasion 2cm. x 2cm. Over left side neck lateral side just below angle of mandible. On internal examination Dr. Sharma (P. W. 4) found underlying tissues of neck visible on cutting of ante mortem injury Nos. 1 & 2. He also found the tissue ecchymosis and about 15 cc of clotted blood escaped from wounds. The membranes slightly congested, brain congested. He also found pural mem brane congested all over. Thyroid carti lage in middle part fractured in an area of 2. 5cm. x 0. 5 cm. Trachial mucus membrane was congested and full of as pirated food particles. Both the lungs were congested and tarry blood escaped on cutting. Left chamber was empty and right was full of blood. The stomach contained about 250 grams pasty ma terial with food particles. Small intestine contained pasty material and gasses and large intestine contained faeces and gases. The gall bladder was empty. The uterus was non gravid. At the time of post mortem examination Dr. R. R Bhatt was also present and both the doctors opined that the death was due to as phyxia as a result of ante mortem inju ries and occurred about two & half days before. They further opined that the death of the deceased may have oc curred on the night of 28/29 Nov. 1986 and the ante mortem injuries as such might have been inflicted by throttling with both hands and which was suffi cient in ordinary course of nature to cause the death of deceased. Dr. G. K. Sharma (P. W. 4) prepared the post mortem report, which is Ext. Ka-7.;