Navin Sinha, J. - (1.) The Appellant stands convicted to life imprisonment under Section 302 I.P.C. and to five years rigorous imprisonment under Section 201 I.P.C., with fine of Rs. 5,000/- and Rs. 1,000/- respectively, in the event of failure to pay which he was required to undergo further one year rigorous imprisonment and three months' further rigorous imprisonment respectively. The sentences have been directed to run concurrently by the Additional Sessions Judge, Nohar dated 23.3.1987 in Sessions Case No. 1/1986.
(2.) The body of an unidentified male in partially burnt condition was lying on the road about 4kms. from Jaitpur towards Arjansar. Pursuant to information received from PW-7 Jethmal, PW-10 Ramesh Chandra registered a report under Section 174 of the Code of Criminal Procedure (hereinafter referred to as 'Cr.P.C.') on 21.1.1985 at 9.00 AM. An F.I.R. on basis of the same was subsequently lodged on 2.9.1985 under Sections 302, 201 I.P.C. On 23.1.1985, post mortem, Exhibit P-11, was done by PW-9 Dr. Jagdish Sankhla, who found the following injuries on the person of the deceased:- 1. Lacerated wound of 2cm X 0.5cm in front of left ear with extravasation of blood around it. 2. Rt.side temporal and parietal bone are exposed partially and depressed in middle. 3. A superficial wound over sternum longitudinally 20cm X 7cm size but no extra vasation of blood or clotted blood on base of wound. 4. Beth sides of muscles of neck and face are extra vasated with blood but no evidence of ligature mark even on dissection on neck. Cornea burnt. Scalp, Skull and Vertebrae: 1. Rt. Side temporal and parietal bones have irregular depressed fractures. Tissues around these bones are extra vasated with blood. 2. Lt. side temporal parietal and occipital bones are also having irregular depressed fractures and tissues around them are extra vasated with blood. 3. Madible fractured in middle part with extra vasation of blood. Membranes: Lacerated over both antero lateral surface and having clotted blood over it. Brain and Spinal Card: Laceration over both temporal and parietal lobes both sides with effussion of clotted blood base of brain liquified torn. Injuries and fractures by the side of scalp, face and forehead are ante mortem in nature. Lacerated wound over sternum area is post mortem in nature.
(3.) The deceased and his wife PW-5 Mukhtiyar Kour originally from Punjab, worked in the fields of Appellant. The Appellant on basis of suspicion was taken into custody on 6.9.1985. His confession was recorded by the police on 9.9.1985. Based on the admissible part of it under Section 27 of the Evidence Act, a Kasiya , Exhibit P-26 was recovered suspected to have been used for assault.;