Dharam Veer, J. - (1.)THIS criminal appeal, under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred 'Code of Criminal Procedure ') has been preferred by Appellant Keshar Singh against his conviction and sentence recorded by Sessions Judge, Pithoragarh vide judgment and order dated 21 -12 -85 in Sessions Trial No. 11 of 1985, whereby the Appellant was held guilty of the charges punishable Under Section s 326 and 201 I.P.C. and was sentenced to four years R.I. and a fine of Rs. 1000/ - and in default of payment of fine to undergo R. I. for a further period of six months under Section 326 I.P.C. and two years R.I. and a fine of Rs. 500/ - and in default of payment of fine to further undergo R.I. for three months under Section 201 I.P.C.
(2.)THE prosecution case, briefly stated, is as follow:
Village Chausal is situated within Patti Garoi, Tehsil Didihat, District Pithoragarh, Uttarakhand. Most of the persons of this village are serving in the Indian Army. Their old parents, wives and children reside in the village. For the paucity of cultivable land, the inhabitants of this village substantially depend on money order economy. A sub -post office has been established in this village. The money orders and letters sent by the Armymen to their families residing in the village, are distributed through this sub -post office. According to the prosecution case in 1983 accused Keshar Singh was Branch Post Master and one Prem Singh was the postman in this sub post office. Dalip Singh (P.W.5) son of Moti Singh (P.W.1) of this village Chausal is an Armyman serving in Delhi. His father Moti Singh and his wife Smt. Nandi Devi reside in the village. Dalip Singh used to send money -orders and letters to his wife at village Chausal. The money -orders and letters sent by Dalip Singh used to be received by accused Keshar Singh and they were distributed by Prem Singh, postman. It is alleged that accused Keshar Singh developed a bad habit of opening the envelopes of Armymen to their families and replace them with his obscene letters. In this sequence, accused Keshar Singh also opened the letter sent by Dalip Singh to his wife Smt. Nandi Devi and placed obscene letter, Ext. Ka.2 therein and sent it to Nandi Devi. When this letter came to the notice of P.W.1, Moti Singh, the father of Dalip Singh, he could not relish it. He sent a complaint to the higher postal authorities alongwith letter, Ext. Ka.2. He also informed about it to his son Dalip Singh.

The villagers of Chausal were also dejected with the bad habit of accused Keshar Singh, so they also sent a joint complaint, Ext. Ka.3 to postal authorities. Dalip Singh also at his end complained to postal authorities about the ill -deeds of accused. On the above complaint the postal authorities set up inquiries against the accused and as a result of which he has been removed from the post of Post Master. Further case of the prosecution is that on 24 -10 -1983 the witness Dalip Singh had come to his village on two months leave. When he at about 7.30 P.M. along with Bhupal Singh reached near Bhainskhali Diggi, the accused Keshar Singh called, as to who was coming. Dalip Singh responded that he was Dalip Singh going to his house on leave. Accused Keshar Singh and his son Jiwan Singh came near the Bhainskhali Diggi and accused Keshar Singh made the blows of Dau on Dalip Singh. Dalip Singh warded off the assault but the blows fell on his hands causing fatal injuries. The injured screamed and fell unconscious on the ground. It is also alleged that the incident was witnessed by Bhupal Singh, who out of fear ran away from the scene of occurrence. It is also the case of prosecution that both the accused Keshar Singh and his son Jiwan Singh removed the blood stained clothes from the person of the injured and concealed them in a field. Next day in the morning at about 6 A.M. Bhupal Singh informed Moti Singh, the father of the injured, about the incident. Moti Singh went to the scene of occurrence and found his son lying naked having injuries on his both the hands. He raised alarm and attracted the villagers to the scene of occurrence. Thereafter he got prepared F.I.R., Ext. Ka.1 on the spot on the basis of information given by Bhupal Singh. Then he, with the help of Trilok Singh, Pratap Singh, Mohan Singh, Prem Singh, Tara Singh, etc. brought the injured to Patwari Quarter, Bhagichaura in a Doli, and lodged written F.I.R. at 10 A.M. The Patwari Laxman Singh Pingal (P.W.6) on the basis of written report, prepared chick F.I.R. Ext. Ka.8 and registered a case at crime No. 1 of 1983 on 25 -10 -1983 under Section 307 I.PC. against the accused Appellant Keshar Singh and his son Jiwan Singh. The Patwari started investigation in the case. He recorded the statements of complainant Moti Singh and injured Dalip Singh at the patwari quarter. Since the condition of injured was serious, therefore, he prepared letter for medico legal and sent the injured to P.H.C. Didihat.

(3.)AT P.H.C. Didihat, Dr. A.S. Saun, examined the injured on 25 -10 -1983 at 12.30 P.M. and found the following injuries on his person:
1 - One incised wound over the outer part of upper arm (right) 9.5cm * 5cm, in area, bone deep, 12cms above the right elbow and 21 cms below the right shoulder tip. Oozing of blood on deep pressure present. The muscles underneath are severed transversely by the force of the cutting object. Wound is transversely oblique in situation. Evidence of fracture of right humerus bone at the site of injury present clinically. Referred to Superintendent District Hospital, Pithoragarh for expert treatment and ex -ray right upper arm.

2 - One incised wound 2.5cm x 1cm in area, muscle deep, over the right upper arm, 1cm away and towards the inner side of injury No. 1, oozing of blood present.

3 - One incised wound over the left elbow, 9cms * 4cms in area, bone deep, 5cm below and outwards to the left elbow tip, muscles underneath the wound are severed transversely. Oozing of blood present. Wound is transversely oblique over the outer side of the left elbow. Evidence of fracture of left radius clinically. Referred to Superintendent, District Hospital, Pithoragarh for expert treatment and x -ray right elbow.

In the opinion of the Dr. Saun the injuries were one day old and may have been caused on 24 -10 -1983 at 7.30 P.M. with a heavy sharp cutting weapon. The Medical Officer prepared the injury report, Ext. Ka.4.