Hon’ble Prafulla C. Pant, J. (Oral):

This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973 (hereinafter referred as Cr.P.C.), is directed against the judgment and order dated 05.03.2002, passed by learned Session Judge, Almora, in Sessions Trial No. 7 of 1998, whereby accused/appellant Puran Singh, has been convicted under Section 302 of Indian Penal Code, 1860 (hereinafter referred as I.P.C.) and sentenced to imprisonment for life. He is further directed to pay fine of Rs. 5,000/- in default of payment of which he is further required to undergo rigorous imprisonment for a period of one year.

2. Heard learned counsel for the parties and perused the lower court record.

3. Prosecution story in brief is that on 22-01-1998, at about 8:00 a.m., Bacchi Singh (deceased) was doing some construction work in his house in Village Daili, and raising wall adjoining to the house of accused/appellant Puran Singh to which accused/appellant protested. This led the two in heated exchange of words. Thereafter Puran Singh gave 3-4 blows with a hammer on the head of Bacchi Singh, who fell down and died of the injuries. The First Information Report (Ext.A-1) was lodged by P.W.1 Balam Singh (brother of the deceased) on the very day i.e. 22.01.1998 at 11:45 a.m. with Patwari Jalna. (In the interior hills of Uttarakhand revenue officials are given police powers under U.P. Government Notification No. 494/VIII-418-16, dated 07.03.1916). P.W.6 Bhuwan Chandra Kandpal. Patwari, prepared check report (Ext.A-3) on the basis of First Information Report (Ext.A-1) lodged by Balam Singh (P.W.1), and registered crime No. 01 of 1998, against accused Puran Singh relating to offence punishable under Section 302 I.P.C. Thereafter Investigating Officer (P.W.6) Bhuwan Chandra Kandpal, proceeded to Village Daili, where the incident had taken place and took the dead body of Bacchi Singh in his possession and prepared in quest report (Ext.A-5) on the very date i.e. 22.01.1998 at 1:00 p.m. He also prepared sketch of the dead body (Ext.A-9), sample seal (Ext.A-7), and other necessary papers and sent the dead body in a sealed condition for post mortem examination. P.W.5 Dr. G.C. Pandey, conducted post mortem examination on the dead body of Bacchi Singh on 23.01.1998 at 12:45 p.m. He recorded as many as 9 ante mortem injuries on the body, and prepared autopsy report (Ext.A-2). The medical officer opined that the deceased had died on account of coma and shock due to ante mortem injuries. The Investigating Officer recovered the hammer and other articles (generally used by mason) found on the spot and prepared memorandum (Ext.A-6). He also collected blood stained clothes of the deceased Bacchi Singh and prepared memorandum (Ext.A-10). The articles recovered from the spot were sent for chemical examination to the Forensic Laboratory, Agra, from where report (Ext.A-12) was received in which it has been found that in the articles and clothes sent for post mortem examination contained human blood. After interrogating the witnesses, and completing the investigation, the Investigating Officer submitted charge sheet (Ext.A-11) for trial of accused Puran Singh relating to offence punishable under Section 302 I.P.C.

4. The Magistrate, on receipt of the charge sheet, after giving necessary copies to the accused, as required under Section 207 of Cr.P.C., committed the case to the Court of Sessions, for trial. Learned Sessions Judge, Almora, after hearing the parties on 04.08.1999, framed charge of offence punishable under Section 302 I.P.C. against the accused Puran Singh, who pleaded not guilty and claimed to be tried. On this prosecution got examined P.W.1 Balam Singh (informant and brother of the deceased), P.W.2 Chatur Singh (who reached at the spot after the incident), P.W.3 Sundar Singh (eye-witness and son of the deceased), P.W.4 Pratap Singh (who also reached at the spot after the incident), P.W.5 Dr. G.C. Pandey (who conducted postmortem examination