R. S. VERMA, J. - (1.) RAHIM Bux has been convicted for an offence u/s 302 I. P. C. by the learned Addl. Sessions Judge, Bhilwara vide his judgment dated 6. 10. 89 and has been sentenced to undergo life imprisonment and to pay a fine of Rs. 100/ and in default, to undergo further imprisonment for two months. Aggrieved, he has come in appeal.
(2.) THE facts of this case lie in a narrow compass. THE case of the prose-cution is that PW 1 Kamaruddin and appellant Rahim Bux are neighbours and their houses are situated at a distance of about 300' from each other. Kamaruddin had three sons, namely, PW 4 Amaruddin, one Fakhruddin and Rahim Bux @ Pappu. It is said that Rahim Bux's brother Fakhruddin was having some sort of illicit relations with Miss Shuri daughter of appellant Rahim Bux. Naturally Rahim Bux was annoyed with this and on 15. 8. 88 at about 7 p. m. Rahim Bux went to the house of PW. 1 Kamaruddin at Dadabadi, Bhilwara, to remonstrate Kamaruddin on this account. He had some loud verbal altercation with Kamaruddin. At that time Kamaruddin's daughter PW 9 Jenab was also present there. On seeing this verbal altercation, Smt. Jenab proceeded to the factory of Rahim Bux @ Pappu, which was situated nearby and where PW 4 Amaruddin and some other persons used to work. On being informed by Jenab about this verbal altercation Rahim Bux @ Pappu his brother PW 4 Ajaruddin, their employees PW 2 Abdul Razak, PW 3 Mohd. Hussain went to the place where Kamaruddin PW 1 and appellant Rahim Bux were having verbal altercation, Rahim Bux @ Pappu intervened in this altercation, at which the appellant whipped out a knife and stabbed. Rahim Bux @ "pappu on the chest with the result that Rahim Bux started bleeding profusely. THE appellant thereafter ran away from the scene of occurrence Rahim Bux @ Pappu was immediately taken to the hospital while Amaruddin went to the police station, Bhilwara, to lodge a report. THE report was lodged by him at about 8 p. m. for offence u/s 307 I. P. C. with PW 11 Azad Kumar. This report reached the Magistrate at Bhilwara on 17. 8. 88 at 2. 30 p. m. The prosecution story is that Rahim Bux @ Pappu was declared dead at the hospital by the doctor. Pw 11 Azad Kumar Sharma after having recorded 'the F. I. R. proceeded to investigate the matte. He learnt of the death of Rahim Bux and, therefore altered the case from 307 I. P. C. to 302 I. P. C, Prior to this, Azad Kumar arrested the accused-appellant at the hospital at about 9 p. m. Next day i. e. on 16. 8. 88 at about 8 a. m. Shri Azad Kumar examined the dead body and prepared panchayatnama Ex. P 8 and got an autopsy conducted on the person of the deceased. The autopsy was conducted by Dr. D. R. Sharma, who found one incised stab wound with clean cut margins and profuse bleeding, vertically 1 1/4' 1/2' over upper part of right chest and below neck just over and above clavicle, 1" away from sterno clavicle joint. Upon opening the body, he found that right upper lobe of lung had been cut and the intervening vessels and nerves had also been cut. The pleura had also been injured. According to Dr. D. R. Sharma, the injury was ante mortem in nature and had been caused by a sharp object. According to him, the injured must have died 3 to 12 hours before post-mortem examination. In his opinion, the cause of death was shock due to loss of blood as also due to rupture of lungs and other vessels. He prepared post-mortem report Ex. P6 in this regard. Upon further enquiry, he opined that injury was sufficient to cause death in the ordinary course of nature vide his report Ex. P7. After the post-mortem examination was over, the Investigating Officer recovered blood stained clothes of the deceased vide his memo Ex. P9 and duly sealed them. He handed over the dead body to brother-in-law of the deceased vide Ex. P 10. Shri Azad Kumar prepared the site plan Ex. P2 the same day at about 9. 30 p. m.
(3.) THE prosecution story is that on 16. 8. 88 at about 11 p. m. the accused volunteered information in respect of a knife, which was recorded by Shri Azad Kumar vide Ex. P11. In pursuance of this information, a knife was recovered at the instance of the accused-appellant from his house the same day at about 12. 30 p. m. vide Ex. P4. Some photographs were taken at the time of this recovery. Statements of witnesses were recorded and the knife was sent to Forensic Science Laboratory. THEreafter the accused was challaned in the Court of Munsif & Judicall Magistrate, First Class, Bhilwara, for offence u/s 302 I. P. C. THE learned Magistrate committed the accused to the court of Sessions at Bhilwara on 3. 11. 88. THE case was made over to the learned Addl. Sessions Judge by learned Sessions Judge, Bhilwara vide an order dated 28. 11. 88. The learned Addl. Sessions Judge framed charge u/s 302 I. P. C. against the accused appellant, who pleaded not guilty and claim trial. At the trial, the prosecution examined Pw 1 Kamaruddin, Pw 2 Abdul Razak, Pw3 Mohd. Hussain, Pw4 Amaruddin, Pw 5,sattar Mohd. , Pw 9 Maha-vir, Pw 7 Ismile, Pw 8 Dr. D. R. Sharma, Pw 9 Miss Jenab, Pw 10 Murlidhar, Pw 11 Azad Kumar Sharma, Pw 12 Ram Lal, Pw 13 Jawan Singh, Photographer, Pw 14 Kashim Khan, Pw 15 Ram Prasad and Pw 16 Amba Lal. ;