MAGAN SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This Criminal Appeal, preferred under Section 374 of Code of Criminal Procedure, 1973, is directed against judgment and order dated 4.12.1985, passed in Sessions Trial No. 31 of 1985, by the learned Sessions Judge, Pauri Garhwal, whereby he has convicted the appellant Magan Singh under Section 302 of Indian Penal Code, 1860, (herein after for brevity I.P.C.) and sentenced him to life imprisonment.

(2.) In brief, prosecution story is that on 14.6.1985 at about 7 P.M. Pratap Singh (deceased), Sb Bahadur Singh, R/o Village Khanduli, Patti-Bali Kandarsyun, District-Pauri was coming back to his village from Bela Bazar. When he reached near the bridge, the appellant Magan Singh, Sb Govind Singh, kicked him intentionally from behind. Consequently, Pratap Singh (deceased) fell down in a gorge and suffered head injury and further went down towards the river Nayar. The incident was witnessed by co-villagers Manbar Singh (P.W. 4), Tota Rain (P.W. 1) and Jai Krit Singh alias Jagmohan (P.W. 3) as they were also coming from Bela Bazar towards the village. They alongwith Shambhu Prasad Lala at once rushed to the spot and took out Pratap Singh from the river. Pratap Singh (deceased) was taken to Bela Bazar for medical treatment where Dr. Ummed Singh Rawat gave him the first aid treatment. However, at about 8 P.M. he succumbed to the head injury suffered by him. First Information Report (Exh. A-I) was lodged on the very day i.e. on 14.6.1985 at about 9 P.M. by Sultan Singh with Patti-Patwari Bali Kandarsyun. In the First Information Report, it was further mentioned that one day before the date of the incident that is on 13.06.1985, appellant Magan Singh had a quarrel with the deceased that is why on 14.6.1985 appellant kicked Pratap Singh (deceased) with intention to throw him in the gorge. A check report (Exh. A-2) was prepared by Patli-Palwari on the same day i.e. 14.6.1985 and crime No. 1 of 1985 was registered against the appellant under Section 302 of I.P.C. An entry (Extract Exh. A-3) was made in the General Diary on 15.6.1985. Shri Kali Ram (P.W. 6)-Patti Patwari, Bali Kandarsyun, took the dead body of the deceased into his possession and prepared the Inquest Report (Exh. A- 4) and investigated the crime. He recorded the statements of the witnesses under Section 161 of the Code of Criminal Procedure, 1973, and prepared Site Plan (Exh. A-5). He further prepared the Memo Exh. A-6 and Memo Exh. A-7 on 15.6.1985 after collecting the blood-stained soil and bloodstained clothes (of the deceased) respectively. Appellant was arrested by the Investigating Officer and a Memo (Exh. A-8) was also prepared by him.

(3.) The autopsy on the dead body of Pratap Singh (deceased) was conducted by Dr. D.N. Dhyani, Medical Officer of District hospital Pauri on 16.6.1985 at about 11 A.M.. The Medical Officer while performing the post-mortem observed that the body was of a 45 year old person which was brought to him about 36 hours after the death. It was a well built body in which rigour mortis was present on the lower extremities and signs of decomposition were apparent. The doctor recorded following Ante-mortem injuries in the post-mortem report (Exh. A-10):-