Sudhanshu Dhulia, J.;-

This Criminal Appeal arises out of an order of the trial court dated 25.1.2001 passed by the Sessions Judge, Pithoragarh in Sessions Trial No. 10 of 1994, whereby the learned Sessions Judge, Pithoragarh has convicted and Sentenced appellant Bhuwan Singh under Section 302 IPC for life imprisonment and simple imprisonment of one and a half years under Section 394 IPC.

Brief case of the prosecution before the trial court was as under :

An FIR was lodged on 7.3.1994 at about 10 A.M. by informant Sri Trilok Singh Karki, who is a Junior Engineer in the Electricity Department District Pithoragarh stating that one Nizamuddin, who is an employee of his department has seen the body of one Narayan Singh (who is also an employee of the Electricity Department), which is lying near Animal Hospital, Khetikhan, (in Pithoragarh). Nizamuddin thereafter found that there are injuries on the head of Narayan Singh and that he is unconscious. Thereafter he was brought and admitted for treatment at Lohaghat Primary Health Centre. The informant further states that on the basis of this information given by Nizamuddin, he is lodging the police case so that necessary proceedings be initiat

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