The importance of corroborating evidence, proof beyond reasonable doubt, and the significance of postmortem examination in establishing the cause of death.

Prafulla C. Pant, J.

This appeal, preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 hereinafter referred as Cr.P.C.), is directed against the judgment and order dated April 21, 1984, passed in Sessions trial No. 94 of 1983, by the then learned Additional Sessions Judge / Special Judge, Nainital, whereby appellants Kikkar Singh and Khushal Singh have been convicted under Section 302 of the Indian Penal Code, 1860 (herein after referred as I.P.C.) and• each one of them has been sentenced to imprisonment for life, and the third appellant Girdhari has been convicted under Section 302 read with Section 34 of the I.P.C. and is also sentenced to imprisonment for life.

2. We heard learned counsel for the parties and perused the entire evidence on record.

3. The prosecution story, in brief, is that about five days before the date of incident, when accused / appellant Kikkar Singh was passing through the field of Dalip Singh (deceased), the latter stopped him on which both exchanged heated words. Accused / appellant Kikkar Singh left on that day saying that he would see that who stops him from passing through the field. Thereafter, on 11-01-1983, at about 9:30A.M., when Dalip Singh (deceased) and his father P.W.1, Jalla Singh were returning from the house of Nihal Singh, near the field of Sone Lai, Jalla Singh heard cries of his son Dalip Singh who was following him at some distance. P.W.1, Jalla Singh looked back and saw that accused / appellant Girdhari had caught hold of his son Dalip Singh and accused / appellants Kikkar Singh and Khushal Singh were giving axe blows on head and back of his son. He raised alarm on which witnesses P.W.3, Kakka Singh, P.WA, Karam Singh and P.W.5, Bakhtawar Singh reached there. After dropping Dalip Singh dead on the spot, accused / appellants made good their escape. P.W.1, Jalla Singh 'first went to one Cheema Sahib to report the matter and thereafter made arrangement of conveyance and went to lodge the First Information Report (Ext. A-1) with the police station Kichcha. Before lodging the First Information Report (hereinafter referred as F.I.R.) he got it typed in Tehsil Kichcha. The report was lodged at 13:30 hours on the same day I.e. 11-01-1983. P.W. 6, Head Constable Hari Nandan registered the crime and prepared check report (Ext. A-8) of the F.I.R. He further made necessary endorsement in the general diary (a copy of which is Ext. A-9). P.W. 8, Sub Inspector B.K. Juyal, investigated the crime and recorded the statement of witnesses. He got the inquest report (Ext. A-3) prepared at the spot. He further prepared photo sketch of the dead body (Ext. A- 10), Police form No. 33 (Ext. A-11), letter to the Chief Medical Officer requesting for the postmortem of the dead body (Ext. A-12), Police form No. 13 (Ext. A-13), sample seal (Ext. A-14), site plan (Ext. A-15) and (Ext. A -16). The Investigating Officer also took the blood stained soil and simple soil and prepared memo (Ext. A -4). After arrest of the accused / appellants, the Investigating Officer got recovered the axe used in the crime and prepared recovery memo (Ext.A-6).The postmortem on the dead body was conducted by P.W.2, Dr. S. Tandon, who prepared the postmortem examination report (Ext. A -2).After completion of the investigation, charge sheet (Ext. A -18) was submitted by the Investigating Officer against all the three accused / appellants in the court.

4. The Magistrate concerned after receiving the charge sheet registered the same and after providing necessary copies of the papers to the accused persons, as required under Section 207 of the Cr.P.C., committed the case to the court of Sessions for trial. The learned Sessions Judge, after hearing the prosecution and the defence, framed charge of offence punishable under Section 302 of the I.P.C. against accused / appellants Kikkar Singh and Khushal Singh, and one that of under Section 302 read with Section 34 of the I.P.C. against the accused / appellant Girdhari A