BANSAL, J. - (1.) BOTH the aforesaid appeals are directed against the judgment dated 21. 10. 1995 passed by the learned Addl. Sessions Judge, No. 3, Kota, Camp at Ramganj Mandi whereby the appellant Babulal has been convicted for offence under Sections 302 IPC and sentenced to undergo imprisonment for life and a fine of Rs. 200/-, in default of payment of fine to further undergo three months rigorous imprisonment. Appeal No. 676/1995 has been preferred by the appellant through the Supdt. Jail and the appeal No. 598/1995 has been filed through his Advocate, therefore, they are being decided by a common judgment.
(2.) THE brief facts of the prosecution case are that P. W. 1 Ramnarain submitted a written report Ex. P1 at Police Station, Suket, District Kota on May 7, 1994 at 3. 30 p. m. It was inter- alia stated in the report that today i. e. May 7, 1994 at about 1. 30 p. m. his nephew Lalchand s/o Dev Lal had gone to the house of his neighbour Babulal s/o. Ganga Ram Bheel to Iron his clothes, where Babulal fired a shot with his gun which hit on the head of Lalchand and caused injury to him. When Lalchand was being taken to hospital at Suket by him and other residents of his village he died on the way. Whereupon the dead body of Lalchand was taken to the house of Devlal, father of the deceased. It was also mentioned in the report that PW4 Guddi (sister of the deceased) had seen the incident. On the basis of this report Ex. P1 the SHO Police Station, Suket registered a formal first information report Ex. P3 for offence under Sec. 302 IPC against the appellant Babulal and investigation commenced. PW18 Bajrang Lal, IO reached at the spot and prepared a site plan Ex. P6. Inquest report Ex. P5 was also prepared and the dead body of the deceased was sent for post-mortem. Blood stained soil, some pallets and double barrel gun were seized from the place of occurrence and the I. O. also sealed these articles at the spot. Some hair of the head of the deceased which were found at the spot were also seized and sealed by the I. O. Photographs of the dead body were also taken by P. W. 9 Jagdish. Autopsy of the dead body of deceased Lalchand was conducted by a Medical Board of 3 Doctors consisting of Dr. K. K. Soni (PW. 12) and post-mortem report Ex. P3 was prepared. Statements of witnesses under Section 161 Cr. P. C. were recorded. THE appellant Baboolal was arrested on May 20, 1994 vide Ex. P. 18. On completion of the investigation a charge-sheet was led against the appellant in the court of learned Addl. C. J. M. Ramganj Mandi, who committed the case to the Court of learned Sessions Judge, Kota. In due course, the case came up for trial before the learned Addl. Sessions Judge, No. 3, Kota Camp at Ramganj Mandi and the charge under Section 302 IPC was framed. THE appellant denied the charge and claimed trial. The prosecution examined as many as 18 witnesses in support of its case. In the statement recorded under Section 313 Cr. P. C. the appellant claimed innocence and stated that he was falsely implicated in the case. However, no evidence was produced by the appellant in his defence. The learned trial Judge, after hearing the final submissions convicted and sentenced the appellant as indicated herein above. We have heard the learned counsel for the parties and scanned, screened and scrutinised the material on record. There is no dispute that the deceased met with homicidal death and this fact is established by the medical evidence on record. Dr. K. K. Soni, P. W. 12 stated that on May 8, 1994 at 7. 00 a. m. he alongwith other two members of the Medical Board conducted the post-mortem of the deceased and found following injuries on the dead body of the deceased. EXTERNAL INJURy 1. lacerated wound 8" x 4" x cavity deep extending from forehead to middle of scalp, margin irregular, area surrounding margin tattooed with black powder. Brain matter protruding through the wound. It is greyish in colour and small black particles scattered over it. Some clotted blood present. No exit wound found. INTERNAL INJURIEs (i) frontal bone showing semi-circular hole. Both parietal bones are separated widely and (ii) brain congested; and (iii) part of brain protruding is lacerated particularly fronto-parietal region. Dr. K. K. Soni, further stated that the injuries were ante- mortem in nature and caused by gun shot. In the opinion of the Medical Board, the cause of death was coma as a result of head injury. The post-mortem report (Ex. P3) was prepared and signed by the members of the Medical Board.
(3.) LEARNED counsel for the appellant did not challenge the testimony of Dr. K. K. Soni. In our opinion, the statement of Dr. K. K. Soni is trustworthy and it has been proved beyond reasonable doubt by the prosecution that deceased Lalchand met with the homicidal death. The entire case rests upon the testimony of P. W. 4, Guddi, who was the only eye witness of the actual occurrence and she is the real sister of the deceased. In her statement she stated that on the fateful day the appellant Babulal took away the deceased to his house from the house of the deceased stating that they would iron the clothes. She further stated that she went to the house of the appellant for calling Lalchand for meals. When she entered into the house of the appellant, she saw the appellant standing having a gun in his hand. She further stated that the appellant fired his gun and inflicted injury on the head of the deceased. Thereafter, she became unconscious. Deceased Lalchand died later-on. It is contended by the learned counsel for the appellant that the evidence of P. W. 4 Guddi who is the real sister of the deceased be not accepted as sufficient in the absence of corroboration from an independent evidence. He further contended that P. W. 4 Guddi is the sole eye witness of the occurrence and conviction cannot be recorded on her sole testimony it was also contended that the prosecution has failed to prove the motive of the appellant to commit the murder of Lalchand. ;