KANTA BHATNAGAR, J. - (1.) APPELLANT Mal Singh had been tried for the offence under Section 302 I.P.C by the learned Sessions Judge, Sri Ganganagar, and convicted for that offence and sentenced to imprisonment for life aggrieved by his conviction and sentence, the appellant has prefe(sic) the appeal.
(2.) BRIEFLY stated the facts of the case giving rise to the trial and conviction of the appellant are as under : Nihal Singh, deceased, resident of village Karanpur had taken his dinner at about 8 or 9 P M. on 15 -5 -75 and there after went to sleep on a cot outside his he are on a raised platform. On the next morning when he was not visible his family members tried to trace him c(sic) Vidhya PW 3, his daughter, went towards the house of Mahendra Singh son of the deceased aid found the dead body of her father Nihal Singh in a room. She came to the apartment of the house In which she along with her parents and brothers Amar Singh and Pritamsingh was residing and informed about the dead body of her father lying in the room of the house belonging to Mahendrasingh, father of the appellant Mal Singh. Gurnam Kaur wife of the deceased and his so a Amar Singh and daughter Surjeetkaur went to the room where the dead body was lying and found Nihal Singh lying there injured and dead. Pritamsingh another son of Nihal Singh who had gone out to some other village on the previous day and, Mahendra Singh yet another son of the deceased residing at Chak No. 47F, were sent for. Thereafter Amar Singh went to Police Station, Shri Karanpur, on 16 -5 -74 and lodged the report at 7.15 P.M. with PW 14 Murhohar S.H.O. The S.H.O reduced the report into writing which is Ex. P 1 The S.H.O went to the site and prepared the Panchnama on the dead body of Nihal Singh and got the photo taken. He inspected the site and prepared the site memo and the site plan. He recovered one lock lying upon a water reservoir lying inside the house of Mahendra Singh and another lock from the door of the room near the place where the dead body was lying. He sent requisition for post mortem examination of the dead body of Nihal Singh to the Primary Health Centre, Karanpur, and Dr. Shiv Shanker PW 12 Incharge of that Primary Health Centre conducted the autopsy ever the dead body at 11 A.M. on 16 -5 -74. The doctor noted the following injuries on the dead body. 1. Incised wound 2'xl/4'x skin deep on the front of medial aspect of the left leg in the middle directed transversely. 2. Abrasion 1 1/2' x 1' on the front of the left knee. 3. Abrasion 1' x 3/4' on the front of the right knee. 4. Incised wound 8' x 1/2' skin deep on the posteric -medical aspect of the left forearm in the upper third directed outwards and downwards. 5. Punctured wound 3/4 'xl/4'x Chest cavity deep on the left side of the chest 2' above the nipple and l/2'medial to it, directed downwards and inwards. 6. Incised wound 1/2' x 1/4' bone deep on the left side of the chest 3' medial to the left nipple directed transversely. 7. Incised wound 1/2' x 1/4' bone deep in the left side of the chest 1 1/2' medial and 1 1/2' below the left tipple directed transversely. n 8. Incised wound 1/2' x 1/4' bone deep on the left side of the chest 5' below the left nipple directed downwards and inwards. 9. Incised wound 1/2 'xl/4'x bone deep on the left zygomatic region directed downwards. 10. Incised wound 1/2 'xl/4' on the left side of the cheek 1' lateral and 1/2' below the left nose directed downwards and outwards. 11. Incised wound 1/2 'x 1/4 'x 1/4 ' on the right side of the upper lip directed downwards. 12 Punctured wound 3/4 'xl/4'x chest cavity deep on the left side of the back of the chest just lateral to the medial border of the scapula 11/2*' below the spine directed downwards and inwards 13. Punctured wound 3/4 'x l/4'x chest cavity deep on the left side of the chest 21/2' below injury No. 9 directed transversely. 14 Punctured wound 3/4'' xl/4'x chest cavity deep on the right side of the chest just below the inferior angle of the scapula directed downwards and medially. The condition of the body was as under : Rigor morits present, mouth semi open, blood in nostrils, hands clinched;
(3.) ON dissection of the body following observations were made by the doctor : Right lung was punctured at three places. Heart was empty. Stomach contained semi digested food. Small intestines contained semi digested food and gas Large intestine contained faceal matter. Bladder contained some urine. In the opinion of the doctor, the came of death was internal injury in the chest cavity and S.H.Ock due to injury to the lung resulting from injuries of the chest cavity. The post mortem examination report h Ex. P 20 ;