SAROJ BALA, J. - (1.) THE judgment and order dated 30 -9 -2004 passed by F.T.C. Court No. 4/Additional Sessions Judge Badaun in S.T. No. 467 of 2002 and S.T. No. 698 of 2002 whereby convicting and sentencing the accused -appellant Mukesh alias Tippla with rigorous imprisonment for life and fine of Rs. 10,000 for the offence under Section 302 I.P.C., two years R.I. and fine of Rs. 2,000 for the offence under Section 324 I.P.C., and rigorous imprisonment for one year and fine of Rs. 1,000/ - for the offence under Section 4/25 Arms Act is under challenge in this jail appeal.
(2.) THE prosecution case redundant of unnecessary details as unfolded during trial is as follows : The mother of the deceased after the death of his father remarried. The accused -appellant was the son born to the mother of deceased from her second husband. On 9 -2 -2002 at about 6 p.m. the appellant along -with his associate Dinesh alias Pahari came to the residence of the deceased and after having dinner the appellant, his associate, the deceased and his wife Smt. Sadhna alias Shakuntla (P.W. 1) the first informant were engrossed in conversation with each other. At the same time the appellant asked the first informant to go away as he wanted to talk to his brother in privacy. The first informant went away and lay in the room adjacent to the place where her husband, appellant and his accomplice were present. Half an hour after her leaving the spot there had been an acrimonious verbal exchange between her husband and appellant. On hearing the raised voice she reached at the spot and saw the appellant armed with knife whereas his companion was catching hold of her husband. When the first informant asked as to what the appellant was doing he said that his share of land having not been given to him he was leading a life of vagabond and would take revenge. The accused - appellant showing a plastic pistol threatened to kill her. At about 11.15 p.m. the appellant gave a knife blow in the abdomen of first informant's husband. The incident was viewed by the wife of deceased in the light of kerosene lamp. When the first informant intervened to save her husband she was also given knife blows by the accused -appellant. The accused -appellant was captured by the first informant and witnesses Jugendra Singh (P.W. 2) and Raju. The accused -appellant caused knife injury to himself to save his skin. The accused -appellant alongwith knife and plastic pistol was taken to the police station. The first informant got scribed the written report (Ext. Ka -1) of the incident by Balbir Singh and lodged it at P.S. Islam Nagar District Badaun on 10 -2 -2006 at 6.05 a.m. On the basis of written report (Ext. Ka -1) chick F.I.R. (Ext. Ka 4 -A) was prepared by H.M. 1991 Jorawar Singh (P.W. 3) and crime was registered at serial number 10 of the general diary, the carbon copy of which is (Ext. Ka -5). The knife and plastic pistol were taken into police custody under the memo (Ext. Ka -2 and 3). The inquest on the dead -body was conducted by Brij Kishore Dwivedi (P.W. 7) the then S.H.O. P.S. Islam Nagar, and Investigating Officer of this case. The inquest memo (Ext. Ka -8) was prepared. During the course of inquest challan lash (Ext. Ka - 9), photolash (Ext. Ka -10), letters to R.I. and C.M.O. (Ext. Ka - 11 and Ext. Ka -12) and specimen seal (Ka -13) were prepared. The dead -body in sealed bundle was handed over to the constables Rishi Pal and Ram Naresh Pal Singh for transportation to the mortuary for post -mortem.
(3.) THE autopsy on the dead -body of Sukh Pal Singh was conducted by Dr. A.K. Verma (P.W. 4) on 10 -2 -2002 at 4.15 p.m. and post - mortem report (Ext. Ka -4 -B) was prepared. According to the post - mortem report the following ante -mortem injuries were found on the person of deceased : (1) Stab wound 3 cm. x 2 cm. x cavity deep on right side abdomen 10 cm. from umbilicus at 11 O'clock position, underneath injury muscles, peritoneum incised. Right lobe of liver stabbed 3 cm. x 2 cm. x 16 cm. Fluid and clotted blood about two liter present in abdominal cavity. (2) Teeth mark (bite) in back of right arm 4 cm. above elbow in two semicircular shaped in size of 5.5 cm. x 5 cm. (3) Abraded contusion 4 cm. x 3 cm. over right knee. ;