- (1.) THIS appeal, preferred by the appel­lant under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter re­ferred to as Cr.P.C.), is directed against the judgment and order dated 31.1.1991 passed by the Sessions Judge, Chamoli in Sessions Trial No. 15/1990, State v. Sangram Singh, whereby the learned Ses­sions Judge has convicted the appellant/ accused Sangram Singh under Section 304 of Indian Penal Code, 1860 (for short, I.P.C.) and sentenced him to undergo R.I. for a period of 10 years. However, the ap­pellant/accused was acquitted for the charge levelled against him under Section 201IPC.
(2.) IN brief, the prosecution case is that on 3.6.1990, PW1 Kutal Singh lodged an FIR with the Patwari Circle Silpata with the averments that the appellant/accused Sangram Singh had told to Mathura Singh in his presence in Wadatal (Doodhatoli forest) in the morning of 2.6.1990 that he had committed murder of Man Singh. Having received this infor­mation, he came to his house. Then he came to know that the dead body of his son was lying in the house of Mathura Singh. With these averments, he had sent the FIR to the Patwari through PW3 Hari Singh on 3.6.1990. That FIR is Ex. Ka-1. On the basis of this FIR, Patwari Mahesh Giri (PW5) had prepared the chick FIR on 3.6.1990 at 8.30 AM. That chick FIR is Ex. Ka-3. Necessary entries were made in the GD. Carbon copy of the GD is Ex. Ka-4. (In rural hilly areas of State of Uttarakhand, the Patwaris and certain revenue officials are vested with police powers vide UP. Govt. Notification NO. 494/VIII-418-16 dated 7/3/1916). During the course of investigation, the Patwari prepared the inquest report of the dead body of Man Singh on 3.6.1990, that is Ex. Ka-5. Sketch of the dead body Ex. Ka-7. samples of seal Ex. Ka-8 and Ka-9 and supardginama of the dead body for post mortem Ex. Ka-10 were also prepared along with the inquest report. After pre­paring the inquest report, the body was sent for post mortem. Post mortem was conducted by Dr. R.K. Garg on 5.6.1990 at 11.30 AM and the post mortem report has been proved by PW6 Dr. B.S. Razvi, who at that time was posted with him. The post mortem report is Ex. Ka-13. During the course of investigation the I.O recovered the axe said to be used in the ' crime and prepared the fard Ex. Ka-2. He had also recovered the blood stained clothes of the deceased and prepared the fard Ex. Ka-11. During the course of in­vestigation the I.O. also prepared the site plan Ex. Ka-6 and recorded the statements of the witnesses and after completing the investigation, he filed the chargesheet Ex. Ka-12 against the appellant/accused.
(3.) THEREAFTER on 17.9.1990, learned CJM had committed the case to the Court of Sessions after giving the necessary cop­ies of the documents to the appellant/ac­cused as prescribed under Section 207 Cr.P.C.;