SATISH KUMAR MITTAL,J. - (1.) APPELLANT Vijay Kumar (hereinafter referred to as 'the accused') was sent to face trial for the offence punishable under Section 302 IPC for having caused the death of Sohan Lal, which was exclusively triable by the court of Sessions.
(2.) AS per the prosecution version, the accused, who was resident of village Bath, was indulging in black magic and witch crafts and was being prevented from doing so by deceased Sohan Lal, his brothers Mohan Lal and Gurcharan Chand, and other villagers. On that account, he was nursing a grudge against them. On 31.3.2006, at about 9.30 PM, complainant Mohan Lal (PW.3) along with his brother Gurcharan Chand (PW.4) had gone to the house of their brother Sohan Lal and they were sitting inside the house. Suddenly, they heard the noise and hurling of abuses from inside, upon which all of them came out in the street. They found that the accused was present there, who was hurling abuses and noise by saying that he was a 'Baba', they were speaking against him, and today he would taught them a lesson. Thereupon, Sohan La! went ahead in order to make the accused understand, upon which the accused gave a Trishul blow (which he was holding in his hand) on the left side of the chest of Sohan Lal He fell down and profuse bleeding started from his body. The complainant and his brother raised alarm, upon which the accused ran away from the spot with his Trishul. Immediately thereafter, the complainant and his brother arranged a conveyance and took Sohan Lal to Civil Hospital, Nurmahal, where he was declared dead. The Doctor sent ruqa to the police. On receiving the same, Inspector Satinder Kumar, SHO Police Station Nurmahal (PW.7) came to the Hospital and recorded the statement (Ex.PE) of complainant Mohan Lal, on the basis of which formal FIR (Ex.PE/2) was registered against the accused under Section 302 IPC. On 1.4.2006, at about 11.30, Dr. Ashwani Kumar (PW.1) conducted the post mortem examination on the dead body of Sohan Lal and the following four injuries were found on the dead body : 1. Incised wound 3/4 inch x 1/2 inch on the front of the left side of chest, 5 inches above the left nipple, underneath the third rib. On exploration, the chest cavity was full of blood, left lung was punctured. Arch of Aorta was punctured. Heart was healthy and empty. 2. An abrasion 1 inch on the front of the left knee joint. 3. Lacerated wound 1 -1/2 inches x 1 inch on the dorsum of the left big toe.
(3.) LACERATED wound 1/2 inch x 1/2 inch on the dorsum of the left second toe. He opined that the death was caused due to shock and haemorrhage, which was sufficient to cause death in the ordinary course of nature. According to him, injury No. 1 was sufficient to cause death. 4. On 1.4.2006, Inspector Satinder Kumar arrested the accused and during interrogation, in the presence of ASI Raj Kumar and ASI Kuldip Kumar, he got recovered Trishul, which was kept concealed by him in the bushes inside the cremation ground of village Bath. The same was taken into possession vide memo Ex.PL.;