KANTA BHATNAGAR, J. - (1.) THIS appeal is directed against the judgment dated December 18, 1984 passed by the learned Sessions Judge, Sirohi by which appellant Babla was held guilty for the murder of Ratna and was sentenced to imprisonment f6r life under section 302 IPC and a fine of Rs. 500/-; in default of payment of fine to under go one month's R. I.
(2.) BRIEFLY stated, the facts of the case giving rise to the trial, conviction and sentence and the present appeal are that, in the evening of June 27, 1983 Ratna deceased had not returned home and therefore, his son Shanker (PW 3) went in his search. He was found on the wine shop of Babu at Aadarsh village. He along with his father was returning to his village at about 10. 00 P. M. When they reached near the Railway line, Ratna consumed liquor from the bottle he had purchased from the shop. Shanker also consumed the liquor from it; While under intoxication Ratna abused Babla appellant who was also passing that way. The cause of enmity between the two is said to be that previously Babla was in service with Babulal Contractor of wine and was selling the wine at the Shop but subsequently in his place Ratna deceased was engaged. On hearing abuses Babla threw stones which hit Shanker. Shanker ran away from there. Babla caused dagger (chhuri) injuries to deceased Ratna. He succumbed to those injuries. Lala (PW 4) who was also at the shop reached there and found Shanker and Babla scuffling. Shanker went to the village and got the report scribed from Sarpanch Yadvendra Singh (PW 7 ). That report was sent through Chaina (PW 2) to Police Station, Pindwara. The SHO Bakhtawar Singh (PW 11) on the basis of the report Ex. P/3 registered the case. He went to the site and made necessary investigation. On the next day i. e. June, 28, 1983 postmortem examination of the dead body was conducted by Dr. Noor Mohammad (PW 1), Medical Officer, Pindwara. The Doctor noted following injuries on the dead body : (1) Incised wound 4"xl/2"x3" deep, on the right part of the neck extended from supra sterval notch to border of Stervo setoid- resulted cut down of complete trachia and neck vessels; (2) Incised wound l"xl/8"xl/8" on left cheek; (3) Incised wound l/2"xl/8"xl/8" in between both eye brows. According to the Doctor, the cause of death was shock due to extensive haemorrhage due to cutting down of great vessels of the neck and asphyxia caused by cutting down of traches. The post- mortem examination report is Ex. P/2. S. H. O. Bakhtawar Singh (PW 11) arrested the appellant on July 1, 1983. While in custody, the appellant furnished information Ex. P/19 for getting recovered his 'bandi' (shirt) and in pursuance of that information he got recovered one blood stained 'bandi'. The recovery memo is Ex. P/13. Upon completion of necessary investigation charge sheet against the appellant was filed in the Court of Judicial Magistrate First Class, Abu Road. The learned Magistrate finding the case exclusively triable by the Court of Sessions, committed the case to the Court of Sessions Judge, Sirohi. The learned Sessions Judge, charge-sheeted the appellant under Section 302 IPC and on denial of the charge, proceeded with the trial. Prosecution examined eleven witnesses in all to substantiate its case. In his statement under section 313 of the Code of Criminal Procedure Babla denied the allegations levelled against him. No defence witness was examined. We heard Mr. M. L. Garg, learned counsel for the appellant and Mr. S. K. Mathur, learned Public Prosecutor for the State.
(3.) THE prosecution led direct as well as circumstantial evidence to connect the appellant with the commission of the crime. THE direct evidence is of Shanker (PW 3) and Lala (PW 4) and circumstantial evidence is recovery of dagger said to have been left by the deceased at the spot, Babla being aggrieved with Ratna on account of Babu Lal Contractor engaging Ratna in his place for selling wine and the recovery of the blood stained 'bandi' in pursuance of the information furnished by him. Shanker (PW 3) has categorically stated that he had taken his father Ratna from the wine shop of Contractor Babulal and while going to his village Babla met them near the Railway line. The learned counsel for the appellant submitted that this witness has stated that Ratna used abusive language of Babla and, therefore, even if the prosecution case is taken to be true, Babla being provoked by the abusive language of Ratna might have tried to cause injury to Ratna. The learned counsel strenuously contended that from the prosecution evidence it is established that the dagger recovered from the site belonged to deceased Ratna and therefore, there is material to suggest that Ratna might have taken out the dagger from scabbard and the appellant in order to save himself might have snatched the same and in that process injuries might have been caused to Ratna. ;