LAXMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been brought by accused Laxman against the judgment of the learned Additional Sessions Judge, Gangapur City, dated 17th October 1970, convicting the accused of an offence under sec. 302 IPC and sentencing him to imprisonment for life together with a fine of Rs. 1,000, in default, further rigorous imprisonment for one year.

(2.) THE incident to which the case relates, took place on the night between 26th and 27-3 1970 at the house of Moolia PW 4 at village Kot, which is within the bounds of the Police Station, Mahua situate at a distance of 14 miles from the police station. Moolia PW 4 was at his field that night and his wife Smt. Kistoori, aged 40 years, was at his house. She was aroused at dead of night when a miscreant tried to snatch away a khangwali, an ornament worn on the neck. She tried to catch hold of the miscreant and was able to grasp the shirt worn by the miscreant. At that stage, the miscreant gave two stabs to Smt. Kistoori with a knife that he was having with him. One injury was caused on her right leg and the other on har abdomen. She raised an alarm and the miscreant filed away. She was able to recognise the miscreant and, according to the version that she gave to some persons including her husband Moolia, it was none other than accused Laxman who had inflicted the two injuries on her person. THE villagers took the injured woman to the Primary Health Centre at Mandawar about 5 a. m. Dr. H. P. Gupta PW 1, incharge of the Primary Health Centre, attended to the injuries of Smt. Kistoori. Smt. Kistoori told Dr. Gupta how she had been injured and she further named Laxman as her assailant. Dr. Gupta sent information to the Police Station at Mandawar. THE First Information Report is Ex. P. 1 on the record. Smt Kistoori expired the same day at 5. 35 p. m. but before her end came, Dr. Gupta had arranged for the presence of Shri Krishna Singh, Tehsildar and Second Class Magistrate, Mahua, PW 2, who was camping at Mandawar. Shri Krishnasingh recorded the dying declaration which is Ex. P. 8 on the record. THE post-mortem examination of the dead body was performed by Dr. Gupta, who found the following external injuries on the dead body.- " (1) Puntured wound 2" x 1-1/2 x 4-1/2" in the epigastric region. (2) Incised wound 1" x 1/4" x 1/4" on the right leg 4" below the right knee joint on the medical side of the leg. " THE internal injury was one punctured wound 1" x 1/2" x 1-1/2" at inferior surface of the right lobe near the hilum of the liver. It was the result of external injury No. 1. THE cause of death was shock resulting from internal haemorrhage by injury to liver. THE injury to the liver was sufficient in the ordinary course of nature to cause death.

(3.) WE have read the statement of PW 3 Zahoorkhan as well. The learned Additional Sessions Judge had discarded it and having read it, we think, he did so rightly. While Zahoorkhan said one thing in his examination-in-chief, he said quite the contrary in the cross-examination. It is surprising that he was not declared hostile by the prosecution and subjected to cross-examination. Be that as it may, we are inclined to think that he had been won over.