- (1.) SAROJ Bala, J. This criminal appeal has been preferred against the judgment and order dated 9-8-2005 passed by the Additional Sessions Judge, Court No. 1 Saharanpur in Sessions Trial No. 297 of 2000 whereby convicting and sentencing the appellant under Section 302, I. P. C. with rigorous imprisonment for life and fine of Rs. 10,000/- and in default of payment of fine to undergo rigorous imprisonment for three months.
(2.) BROADLY stated the essential facts of the case are these : The incident took place on 3-1-2000 at about 9 p. m. near the crusher of one Ajay Pal situated in village Chaparchidi P. S. Nakud District Saharanpur. The First Information Report (Ext. Ka- 8) was lodged by Narendra P. W. 1, cousin brother of deceased on 4-1-2000 at 12. 40 a. m. The first informant and Mahendra (deceased) had been returning home after attending the case in Court at Saharanpur. When they reached near the crusher accused- appellant and his unknown companions mounted murderous assault on Mahendra. The accused-appellant subjected the victim to assault by wielding of 'kurpa' used for preparing Jaggery. S. I. Alok Prabhakar Awasthi P. W. 5 then posted at Amebehata police outpost was entrusted with the investigation of case. He visited the place of offence and prepared the site plan Ext. Ka-4. He took in police custody the 'khurpa' (Ext. 1) used in the commission of offence under the memo Ext. Ka-5. The blood smeared earth and plain earth were collected from the spot under the memo Ext. Ka-3 and Ext. Ka-4. He conducted the inquest on the dead- body and prepared the inquest memo Ext. Ka-2. The letter to R. I. , Challan form, photolash and report to C. M. O. Ext. Ka-10 to Ext. 13 were prepared by him during the course of inquest. The sealed dead-body with requisite papers was handed over to C. P. Kalu Ram and Ram Pal for transportation to mortuary. After interrogating the witnesses and completing the necessary formalities, he submitted charge-sheet Ext. Ka-7 against the accused- appellant. The autopsy on the dead-body was conducted by Dr. Pankaj Kumar (P. W. 4) and under mentioned ante-mortem injuries were found on the person of deceased : (i) I. W. 2 cm. x 0. 5 cm. x bone deep 1 cm. above outer half of right eyebrow. (ii) I. W. 3 cm. x 1 cm. x bone cut just above right ear pinna. (iii) Traumatic swelling 8 cm. x 4 cm. on left temple, 3 cm. above left ear pinna. (iv) Abrasions 7 cm. x 2 cm. in front of middle of right arm. (v) Multiple abrasion in an area of 21 cm. x 6 cm. on back and outer part of right forearm. (vi) Multiple abraded contusion in an area 28 cm. x 8 cm. in front of lower part of right side chest. (vii) Abrasion 1 cm. x 0. 5 cm. on top of left shoulder. (viii) Abrasion 4 cm. x 0. 5 cm. in left mid axillary line 11 cm. below left axilla. (ix) Abrasion 2 cm. x. 0. 5 cm. on medial aspect of left forearm 6 cm. below elbow.
(3.) THE right temporal bone and left parietal bone were found fractured. THE brain and membranes were lacerated. THE cause of death was coma as a result of ante-mortem injuries. THE post- mortem certificate is Ext. Ka-3. The accused-appellant was charged by the Sessions Judge Saharanpur for the offence punishable under Section 302, I. P. C. to which he pleaded not guilty and claimed to be tried.;