D.L. Mehta, J. - (1.)This is a jail appeal by accused Bhaggha against the judgment of the learned Sessions Judge, Udaipur, dated January 28, 1979 convicting the appellant under section 302 I.P.C. and sentencing him to imprisonment for life.
(2.)Briefly stated the prosecution case is that the deceased victim Bhima was the real uncle of the accused-appellant Bhaggha. They resided in village Majra, Kandriabore, P.S. Bekria, District Udaipur. In the evening of 26-12-72 the deceased victim and the accused picked up certain quarrel and they quarreled with each other. After sometime the accused shot an arrow towards Bhima which his him in the left side of his chest. The injury proved fatal. Bhima passed away instantaneously on the spot. P. W. 7 Teja went to Police Station Bekria and verbally lodged report Ex. P/8 of the occurrence at about 1.00 A.M. on 27-12-72. The police registered a case and took up the investigation. The Investigating Officer arrived on the spot of occurrence and prepared the inquest report and seized the bloodstained soil from there. The postmortem examination of the victim's dead body was conducted by P.W.l Dr. Khyalihil the then Medical Officer Incharge, Government Dispensary, Gogunda, by 1.00 P.M. on 28-12-72 and the doctor noticed the following wounds on the victims dead body 1 EXTERNAL APPEARANCE 1. Condition of subject-stout. emaciated, decomposed, to-stout, Rigor mortis present. Nail, Pale. 2. Wounds-position, size character
(3.)Bruises-position, size nature (i) Stabbing wounds 1 X 1/2 X 31/2 spindal shaped, one angle is sharp margins are inverted, on probing wound directs back-wound and slightly upward and inward, situated IiT above und medial to left nipple. (2) Wound If X! above left albow joint posterior aspect, (3) Wounds 1 X f on elbow joint posterior aspect.