The prompt lodging of the First Information Report, natural and trustworthy eye witness accounts, and corroboration of injuries with the prosecution's story are crucial in establishing guilt, and the motive for the crime is not necessary to prove the charge.

Prafulla C. Pant, J.

This appeal, preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (for brevity hereinafter Cr.P.C.), is directed against the Judgement and order dated 24-10-1989 passed by the then learned Sessions Judge, Pauri Garhwal, in Sessions trial No. 34 of 1986 whereby, the appellant Khushal Singh has been convicted of the charge punishable under Section 302 of the Indian Penal Code, 1860 (for brevity hereinafter I.P.C.) and sentenced to undergo imprisonment for life.

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

3. In brief, prosecution story is that appellant Khushal Singh, a Forest Ranger, on 29-04-1986 at about 08:30 P.M. stabbed Sri Surendra Dutt Chamoli, Forester, with a knife with an intention to kill him. The incident took place in village Kankhet, Patti Maniyarsyun, District Pauri Garhwal on the road in front of the office of the Forest Department. Co-accused Ganpati, a Forester, alongwith his Orderly Raghunandan (Ganpati was not chargesheeted by the Investigating Officer and co-accused Raghunandan was acquitted by the trial court) aided the appellant in the stabbing incident. A First Information Report (Ext. A-9) was lodged by Prem Lal Chamoli (P.W.3), a Deputy Ranger of Forest Department, on the same day i.e. 29-04-1986 at about 08:45 P.M. i.e. immediately after the incident within 15 minutes with patti patwari Maniyarsyun, which is hardly at the distance of 110 meters from the place of incident. On the basis of said First Information Report lodged by Prem Lal Chamoli (P.W.3), check report (Ext. A-10) was prepared by Hari Prasad (P.W.6), patti patwari - Maniyarsyun under Section 302 of the I.P.C. against the appellant Khushal Singh (in Uttaranchal hills in certain areas Patwaris are given police powers). An entry was made by the patwari in the general diary (copy of extract Ext. A-11) regarding lodging of the First Information Report by said officer. Crime number 02 of 1986 was registered against the appellant Khushal Singh, and other .co-accused Ganpati and Raghunandan regarding offence punishable under Section 302 read with Section 34 of the I.P.C. In the First Information Report, the informant alleged. that there was enmity between the deceased and appellant Khushal Singh for sometime over payment of money and about 3-4 days before the day of Incident appellant had given beating to deceased at his residence. Soon after the F.I.R. was registered, it appears that Hari Prasad, the Investigating Officer, proceeded to the spot and took the dead body of Surendra Dutt Chamoli (deceased) in his possession and prepared the inquest report (Ext. A-4). Arrest memo (Ext. A-15) shows that appellant Khushal Singh was arrested on next day i.e. 30-04-1986 at about 10 A.M. The recovery memo (Ext. A-16) shows that on the same day i.e. 30-04-1986, knife used in the commission of crime was also recovered at the instance of the appellant. The other co-accused were also arrested. Shri Hari Prasad (P.W.6), the Investigating Officer prepared site plan (Ext. A-13), the diagram of the dead body (Ext. 3-A), letter to the Chief Medical Officer (Ext. 2A) and police form No. 13 (Ext. 8-A) etc. and sent the dead body for the postmortem examination.

4. On 01-05-1986 at about 11:00 A.M., Dr. M.S. Rawat (P.W.1) conducted the postmortem examination on the dead body of Surendra Dutt Chamoli and prepared postmortem report (Ext. A-I). The Medical Officer observed at the time of postmortem examination that the dead body was of an average built person aged about 25 years which was about 1-lV2 day old. Rigor mortis was present but passing off from neck and upper limbs. The abdomen was found distended and no other signs of decomposition were visible externally. Dried clotted blood with mud was present over the right side of the face. Blood also found clotted over left ear and neck. The Medical Officer found following ante mortem injuries at the time of autopsy :-

i) Abra