- (1.) Leave granted.
(2.) The appellant questions legality of the judgment rendered by a Division Bench of the High Court of Rajasthan at Jodhpur Bench. The learned Additional Sessions Judge No.2, Udaipur found the accused guilty of offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC') and sentenced him to undergo RI for life and to pay a fine with default stipulation. He was also convicted for offence punishable under Section 447 IPC and sentenced to undergo 15 days' RI. Additionally, he was convicted for offence punishable under Section 307 IPC and sentenced to undergo 10 years RI and pay a fine of Rs.100/-. Similarly, in respect of offence punishable under Section 324 IPC he was sentenced to undergo RI for one year. In appeal, by the impugned judgment, High Court confirmed the judgment of conviction and sentence.
(3.) Prosecution version as unfolded during trial is as follows: On 3.8.1999, Vaje Singh (PW-1) lodged a First Information Report at Police Station Pahara stating, inter-alia that in the morning at about 9.00 a.m. his brother Jawan Singh (hereinafter referred to as the 'deceased') was ploughing the field. He alongwith his father Gulab Singh and elder brother Ram Singh was working in the field. At that time, his neighbour appellant Shambhoo Singh, his father Som Singh and mother Smt. Jeevi arrived there abusing them. Appellant Shambhoo Singh was carrying knife in his hand. Som Singh and Smt. Jeevi were carrying lathis. They challenged them and questioned as to how they were ploughing the field of their possession. There ensued a quarrel and exchange of hot words. Appellant Shambhoo Singh stabbed the knife on the chest of Jawan Singh. He caused another injury by knife on the stomach. On intervention by his father, appellant Shambhoo Singh caused injury by knife. He also caused injuries to his mother Smt. Shanta and elder brother Ram Singh. Appellant Shambhoo Singh also caused injuries to him. Jawan Singh succumbed to the injuries on the spot. It was stated that there was a land dispute between them, which led to the unfortunate incident. On this information, police registered a case and proceeded with the investigation. The post-mortem of the dead body was conduced by Dr. Mahendra (PW-17) on the spot vide Ex.P-42. He noticed the following injuries on his person: 1. An incised stab wound - 2.0 cm x 1.0 cm x perforating up to chest cavity placed in 6th intercostal space below left Nipple place obliquely. On exploration - There is a wound of 1.55. cm x 1.0 cm x 2 cm deep left ventricle of the Heart. Cavity full of Blood. 2. An incised stab wound - 1.5 cm x 1.0 cm x thoracic cavity deep 5 cm lateral to injury No. l placed obliquely. On exploration of wound - There is a wound of 1.0 cm x 2 cm lung tissue deep placed on the left lung. Thoracic cavity was full of blood. 3. An incised stab wound - 2.0 cm x 1.0 cm x abdominal cavity deep. On exploration of wound - There was no injury to any Abdominal Viscera. Intestinal loops are protruding through this wound. 4. Abrasion- 2.5 cm x 1.0 cm placed on upper 1/3rd on medial side of right leg. The cause of death was shock due to severe bleeding following stab wound to chest and abdomen. The injured persons namely PW-1 Vaje Singh, PW-10 Gulab Singh and PW-3 Smt. Shanta were sent to the hospital. Their injuries were examined by PW-1 l, Dr. B.P. Verma. He examined the injuries of PW-1 Vaje Singh vide Ex. P-12 and noticed the following injury on his person: Incised wound 4 x 2 x 1 1/2 cm on left gluteus. He also examined the injuries of PW-l0 Gulab Singh vide Ex.P -11 and noticed the following injuries: Stab wound transversely with bleeding on left intra mammary region 4x 1 x plural cavity deep surgical empug sema left side. He also examined the injuries of PW-3 Smt Shanta vide Ex. P-13 and noticed the following injuries: Incised wound 1 = x 1/2 x = cm on Right arm M/3rd Ant. After usual investigation, the police laid charge sheet against appellant Shambhoo Singh, his father Som Singh and mother Smt. Jeevi for offence under Sections 302, 307, 326, 324, 447/34 IPC. The accused persons pleaded not guilty of the charges levelled against them and claimed trial. The trial Court placing reliance on the evidence of PWs 1, 2, 3 and 10 found the evidence to be credible and cogent. It found the evidence of the injured witness to be without any blemish. Accordingly, the trial Court recorded the conviction and sentence as afore-noted. In appeal before the High Court, the primary stand taken was that the ocular evidence does not inspire corroboration. It was submitted that in any event offence punishable under Section 302 IPC is not made out as the occurrence occurred in course of sudden quarrel. The High Court did not find any substance and dismissed the appeal.;