- (1.) U. K. Verma, J. This is an appeal against the judgment of Sri N. B, Asthana, 1st Additional Sessions Judge, Meerut dated July 31, 1984 convicting the appellant Deepak order under Section 302 read with Section 34 of the Indian Penal Code and sentencing him to undergo imprisonment for life.
(2.) THE uncontroverted facts are that at about 6. 20 p. m. on 22-6-1981 Praveen Kumar alias Pappi and Rajiv Saw Kishore Kumar lying injured in front of Praveen's house. Both Praveen and Rajev went to the clinic of Dr. Narendra Nath Sharma situate in Gandhi Nagar to bring him for his treatment. Dr. Narendra Nath Sharma respondent to their request. He found Kishore Kumar to be in need of a surgeon's attention immediately. Ajai Kumar who had also arrived there by his car, took Kishore Kumar to the Emergency Ward of the Medical College, Meerut along with Dr. Narendra Nath Sharma and Praveen Kumar. THE Surgeon on call duty at that time was Dr. Sudhir Kumar Bhargava and so Dr. Narendra Nath Sharma rushed by Ajai's Car to his house to bring him. Dr. Sudhir Kumar Bhargava could not be contacted as he was nut at his house then. Dr. Narendra Nath Sharma returned to the Emergency Ward of the Medical College and after finding out the location of the house of Kishore Kumar went to inform his relatives about him. He met Anil Kumar Pokharyal, the elder brother of the injured and told him about his serious condition. Dr. Narenara Nath Sharma brought Anil Kumar Pokharyal in the car up to the gate of the Medical College. He dropped him there and proceeded to the house of Dr. Bhargava, THE wife of Dr. Bhargava told Dr. Sharma that he could be at the Nursing Home of Dr. Rajpal or at his own clinic. Dr. Narendra Nath Sharma from the house of Dr. Bhargava came to the Emergency Ward of the Medical College, He took Anil Kumar Pokharyal along with him to the clinic of Dr. Bhargava. On being informed of the condition of Kishore Kumar, Dr. Bhargava went to the Emergency Ward of the Medical College on his scooter Anil Kumar Pokharyal dropped Dr. Narendra Nath Sharma at his clinic by the car and himself went to the Medical College. Dr. D. D. Agarwal P. W. 12 before the arrival of Dr. Sudhir Kumar Bhargava, had examined Kishore Kumar at 7. 10 p. m. and found the following injury on his person : Incised punctured wound 3. 5 cm. x 2. 5 cm. x abdomen 3 cm. above umblicus bleeding, oementum coming out. The doctor in his report Ex. Ka-1 made a note that the depth could not be probed. The injury had been caused by sharp object. Its duration was fresh and the case was being referred to the Surgeon. The general condition of Kishore Kumar and also the treatment given to him from the time of his admission till his death at 1. 05 a. m. on 23-6-1981 are contained in the Patient Chart, extracts of which are Ex. Ka-6 and Ex Kha-2 Dr. Bhargava P. W. 3 pointed that he had dictated the details of the operation Ex. Ka-6 to Dr. K. K. Singh. Registrar immediately after the operation. It follows therefrom that two litres of clotted blood had been removed from haemopcutoneum. He found two perforations in the anterior and the posterior walls of his stomach, one perforation in the anterior wall of the duodenum, one perforation in the gall bladder with bile flowing out of it, laceration in the lever anterior border bleeding, laceration in the lever under surface. Dr. Bhargava sucked out the clotted blood, closed the lacerations and perforations and did the peritoneal toilet and also the dressing of all the wounds.
(3.) THE post-mortem examinations had been done by Dr. Vijai Singh at 4. 00 p. m. on 23-6-1981 and the relevant portions of the post-mortem report of Dr. Vijai Singh P. W. 5 are as hereunder : - (1) Stitched wound 18 cm. long over the abdomen containing 14 stitches. Besides this stitched wound, he found 2 other stitched wound measuring 4 cm. and 3 cm. in length respectively. (2) 2 cut open wounds stitched one on the left wrist and the other on the lower part of the left foot. Upon internal examinations peritoneum was found stitched at a number of places, one ounce faecal matter and blood was found in the peritoneal cavity. Small intestine was stitched at two places and the large intestine at four places. Two stitches were also found in the lever. According to the doctor, death was caused as a result of shock and haemorrhage which was the result of the injuries upon the dead body. The prosecution case is that at about 6. 00 p. m. on 20-6-1981 Kishore Kumar and the appellant had quarrelled by the side of the road in front of the Nandan Cinema Hall. Kishore Kumar slapped Deepak Kumar. The prosecu tion witnesses Rajneesh P. W. 2 and Jagdish Prasad P. W. 3 pacified them. Deepak however, threatened Kishore Kumar that within four days, he would be done to death. Kishore Kumar with the injury dealt with above in Ex. Ka-6 on his person, was taken to the Emergency Ward of the Lala Lajpat Rai Medical College, Meerut. In the F. I. R. Ex. Ka-3 under Section 307,i. P. C. shown to have been lodged by Anil Kumar Pokharyal P. W. 6 at 8. 58 p. m. on 22-6-1981 however, the above incident leading to the crime is not mentioned. It is only pointed therein that on being informed by Dr. Narendra Nath Sharma that he and Ajai had taken Kishore Kumar in car from Gandhi Nagar to the Medical College with serious knife injury, he and his brother reached the Medical College at 6. 50 p. m. Kishore Kumar was crying in agony "save me. Deepak alias Dabbu of Hanumanpuri, Meerut assaulted me with knife in front of the house of Pappi. At the time of assault, he was accompanied with two or three persons. After inflicting the wound, he fled away". This incident took place at 6. 20 p. m. Many persons of the locality witnessed it. Dr. Bhargava had been informed about the condition of Kishore Kumar. He was undergoing treatment in the Medical College, Meerut with his brother Sunil Kumar attending him at the time of the report.;