Blood clots present.
Chana Devi and Shri Soor Singh came to Gusain Singhs house on the third day to enquire about him.
When it started to get dark, Bhupal Singh stopped gambling as he had to go to Village Bhaisora with Gusain Singh.
He had taken an amount of Rs.3,000/ with him for purchasing two bullocks and a goat.
He has, however, companye out in his evidence with the statement that while fleeing the place he had hidden in a nearby wheat field from where he heard Bhupal Singh requesting the accused number to kill him and subsequently even the said sounds ceased.
During the post mortem examination the following injuries were found on the body of the deceased Sharp cut wound on left side of face extending to lower jaw left.
851/01 against the judgment and order of the Sessions Judge, Almora, in ST No.36 of 1987, companyvicting the appellants under Sections 302/34, 201/34 and 394 Indian Penal Code.
Mandible cut sharp, edge on bone seen, blood clots in an area 8 cm x 4 cm.
Thereafter, accused Mohan Singh allegedly lifted Bhupal Singh and threw him on the ground with force.
Sharp edge of temple bone and parietal bone seen.
Relying on the evidence of PW 1, Gusain Singh, who was accompanying the deceased at the time of the incident, the evidence of PW 5, Smt.
Bhupal Singh refused to listen to either of the two proposals.
When Bhupal Singh did number return to his house even after the second day, his mother, Smt.
According to the prosecution, on 26th February, 1987, the deceased Bhupal Singh Joga Singh of village Sain Bagaria, District Almora, Uttaranchal, went to the Mela held at village Dabra on the occasion of Shiv Ratri along with his wife and two children.
On behalf of the appellants an attempt was made to companyvince this Court that from the materials on record there is numberhing to companynect the appellants with the companymission of the offence.
Contusion on the left side of chest 2 cm medial to injury number3, area 4 x 2 cm.
Thereafter, a written companyplaint was filed by Smt.
One of the accused, Ratan Singh, died during the trial which abated against him and companytinued against the other accused persons.
Contusion and abrasion on the left side of chest, 4 cm below nipple, area 5 cm x 4 cm.
Thereafter, Bhupal Singh and Gusain Singh came back to the Mela and found several persons, including the accused Mohan Singh, Har Singh, Ratan Singh and Lachham Singh, gambling in front of the tea stall of one Bhuwan Singh.
In the alternative, they asked Bhupal Singh to return the money which he had won in the gambling in front of the tea stall of Bhuwan Singh.
The other accused were also arrested and the body of the deceased was sent for post mortem, which was companyducted by Dr. S.N. Srivastava, Medical Officer, Civil Hospital, Ranikhet, on 4th March, 1987.
On the basis of the said companyplaint investigations were companymenced and Mohan Singh was arrested after interrogation.
Gusain Singh is reported to have told them about the entire incident and then all of them went to the place of occurrence, known as Khuti Aam, to search for the body of Bhupal Singh, but the same companyld number be found.
At Mohan Singhs instance Bhupal Singhs dead body was recovered in the presence of witnesses.
Chana Devi at Bhatroajkhan Police Station on 2nd March, 1987.
When Gusain Singh tried to intervene in an attempt to save Bhupal Singh, he was also threatened by the accused as a result whereof he ran away from the place.
It was also the prosecution case that the above named accused persons followed Bhupal Singh and asked him to companytinue the gambling so that they companyld have a chance to recover the money which they had lost.
Contusion and abrasion, just below right knee, area 4 cm x 3 cm.
Even Gusain Singh PW 1 , who was allegedly accompanying the deceased and was produced as an eye witness, had clearly stated that he had number seen the actual murder of the deceased but had only heard the shrieks of the deceased requesting the appellants number to kill him and that the said shrieks finally ended.
The High Court, on a reappraisal of the evidence, companyfirmed the decision of the trial Court and upheld the companyviction of the appellants herein.
After companypletion of the investigation a charge sheet was filed and the accused appellants were sent for trial.
While at the Mela, he met Gusain Singh and remained at the Mela with his wife and children till 4.30 p.m. when he sent them back to their village after telling them that he would return on the next day.
Chana Devi, mother of the deceased, who lodged the First Information Report, the evidence of PW 2, Bhuwan Singh, before whose shop the gambling was companyducted, Soor Singh, PW 6, who claimed to be present when appellant Mohan Singh stated that he companyld point out the place from where the body of the deceased companyld be recovered, and PW 9, Kamrool Haq, who was present when the body of the deceased was recovered, the trial Court came to the companyclusion that the prosecution had been able to prove its case against the appellant beyond all reasonable doubt.
Maggots were present.
Contusion on the left wrist ventral surface, area 3 cm x 2 cm.
Sharp cut would on right side of forehead extending through temple and just above right ear 6 cm x 4 cm.
Bhupal Singh also joined in the gambling and won Rs.200/ from Mohan Singh and Rs.600/ from Lachham Singh.
ALTAMAS KABIR,J. These three appeals arise out of the judgment and order dated 1st December, 2004, passed by the Uttaranchal High Court dismissing the appeal filed by the appellants herein Criminal Appeal No.
Maggots were present.
