ADARSH KUMAR GOEL, J. - (1.) THE appellant challenges his conviction under Section 302 IPC for which he has been sentenced to undergo life imprisonment and to pay fine of Rs. 1,000/-, in default, to undergo further RI for three months.
(2.) CASE of the prosecution is that on 16.10.1997 at 8-00 P.M., Harjit Singh PW-1 and his brother Jagroop Singh deceased closed their shoe shop and went to their house. Accused Kulwant Rai @ Nona, cousin of the deceased and Partap Rai @ Soni came to their house and called the deceased and took him away. The deceased did not return till 10-00 P.M. Harjit Singh PW-1 and his father Shangara Ram PW-2 went in search of Jagroop Singh at 10-30 P.M. They heard whispering from the chari field and saw in torch light that both the accused were standing. They ran away. The witnesses entered the chari field and found the dead body of Jagroop Singh with marks of strangulation on his neck. Smell of alcohol was coming out of the mouth of the deceased. Leaving Shangara Ram to guard the dead body, Harjit Singh PW-1 proceeded to inform the police, where his statement was recorded at 12-05 A.M. by SI Ravinder Singh PW-7 at Police Station Mehta. Ravinder Singh went to the spot, prepared inquest report and sent the dead body for post-mortem examination. He also prepared rough site plan, recorded statements of witnesses and took into possession clothes of the deceased. According to him, Sunita wife of elder brother of Harjit Singh PW-1 was having illicit relations with Kulwant Rai @ Nona which was being objected to by the deceased. He arrested the accused and recovered wire in pursuance of disclosure-statement of Kulwant Rai. Accused Partap Rai was minor and his case was separated for trial by Juvenile Court. Pw-5 Dr. Gurmanjit Rai conducted post-mortem examination and found following injuries :- "1. Reddish brown abrasion (nail mark) .7 x 0.3 on right side of front of neck, 4 cms above sternal notch. 2. Reddish brown abrasion 0.2 x 0.1 cm on left side of neck, 4 cm above sternal notch. 3. Reddish brown abrasion 0.3 x 0.2 cm on front of right side of chest, 2 cms below inner end of clarical. On dissection of neck :- In filtration of blood was present on front and sides of neck, below abrasions nos. 1 and 2 in the muscles of neck. 4. Reddish brown abrasion 1 x 0.3 cm was present on right side of back of chest, in the infra scapular region. 5. Reddish brown abrasion 1 x 0.4 cm on the back of left shoulder in scapular region. 6. Reddish brown abrasion 6 x 2 cms on the back of right side of trunk in lumber region. 7. Reddish brown abrasion 0.3 x 0.2 cm on back of right fore-arm in its middle. 8. Reddish brown abrasion 0.75 x 0.5 cm on back of left side of trunk in lumber region. On dissection of skull and brain, brain was found congested. On dissection of chest, pleura, both lungs were found congested and on dissection of stomach, mark congestion of stomach was present with sumucusal haemorrages and about 200 c.c. of dark brick red coloured fluid having powered particles in it, small intestines, liver, spleen and kidneys were found congested ."
(3.) THE injuries were ante mortem. Cause of death was deferred for reports of Chemical Examiner which was received on 31.12.1997. No poison was detected. Cause of death was declared to be Asphyxia as a result of manual strangulation.;