MATHUR, J. - (1.) THIS criminal appeal is directed against the judgment dated 10. 9. 92 passed by the Sessions Judge, Sirohi convicting the appellant Movna for offence u/s 302 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 100/-, in default of payment to further undergo one months' simple imprisonment. He has also been convicted for offence u/s. 436/34 IPC and sentenced to three months simple imprisonment and a fine of Rs. 50/-in default of payment to further undergo 15 days simple imprisonment. Both the sentences have been ordered to run concurrently.
(2.) THE prosecution case as disclosed during the trial is as follows:- THE appellant Movna suspected that his father Badaji was murdered by deceased Mithia. On 25th March 91 he alongwith Babla went to the house of deceased Mithia armed with arrow and bow. Mithia was standing outside his house. THEy abused Mithia and said that they will kill him as he has murdered the appellant's father Badaji. Appellant Movna took out arrow from the bow and shoot, which struck Mithia on his left side of the chest. Mithia cried, which attracted his mother P. W. 1 Bhikhi and brother P. W. 3 Taria. P. W. 2 Movna S/o Taria also arrived there. Many people from the accused party also assembled there. It is alleged that the accused persons put the house of Mithia to fire. THE incident of fire was witnessed by P. W. 5 Narain Lal. Taria etc. Mithia was taken to the hospital at Pindwara for treatment. Meanwhile, the SHO, Police Station, Pindwara received information of the incident and as such he also reached on the spot. P. W. 15 Jalam Singh reached at the hospital. He recorded the statement of Mithia vide Ex. P/23. On that basis of that statement, FIR Ex. P/1 was registered for offence u/s. 307 and 436 IPC. After usual investigation, police laid charge-sheet against appellant Movna and accused Babla. The appellant pleaded not guilty to the charges levelled against him. The prosecution in support of the case examined 19 witnesses. The appellant in his statement u/s. 313 Cr. P. C. denied the correctness of the prosecution evidence appearing against him. Analysing the evidence, the trial court held the appellant Movna guilty of offence u/s. 302 IPC and sentenced as noticed above. Another accused Babla has been acquitted of offence u/s. 302 IPC, however he has been convicted for offence u/s. 436 IPC. Accused Babla has not challenged the conviction u/s. 436 IPC. We have heard Mr. B. N. Calla, learned counsel for the appellant and the learned Public Prosecutor. We have perused the record carefully. P. W. 8 Dr. V. K. Purohit has stated that he conducted the post mortem of the dead body of Mithia and found the following injuries on his person:- (1) Punctured wound 1x 1 cm. on surface just medial to left areola. Track pointing medially and posteriorly. Underneet wound & along track in surrouding tissue haemorrhage present. (2) 1. cm. long stitched wound 1 c. m. medial to injury no. 1. It is communicating to the track of injury no. 1. He has proved the Post Mortem Report Ex. P/17. In his opinion, Movna died of shock due to massive internal haemorrhage.
(3.) P. W. 11 Dr. Rikhabchand Loonkar has stated that he had examined Mithia on 25. 03. 91 at Government Hospital, Pindwara. On his person, he found the following injuries vide Ex. P/22, which are as under:- (1) Punctured wound one and half cm. x half cm. x cavity deep on left side of chest. (2) Feeling of hard thing at entry of wound seems to be arrow inside. Continue blood is coming from wound, He also stated that he has found a hard thing at the entry of the wound. The injury report also shows that the arrow was taken out from the chest by the doctor, who attended the deceased Mithia at the Hospital. In the opinion of the doctor, the injury was sufficient in ordinary course of nature to cause death. The prosecution has examined P. W. 1 Mst. Bhikhi, P. W. 2 Movna and P. W. 3 Taria as eye witnesses. ;