BANSAL, J. - (1.) THIS appeal is directed against the judgment dated February 20, 1996, passed by the learned Sessions Judge, Kota, whereby the appellant-Golu @ Nakul has been convicted for offence under Sec. 302 I. P. C. and sentenced to undergo imprisonment for life with a fine of Rs. 500/-, in default of payment of fine to further undergo six months rigorous imprisonment.
(2.) THE brief facts of the prosecution case are that PW-1 Babulal submitted a written report Ex. P-1 at Police Station, Rampura Kotwali, Kota on October 16, 1994 at about 10:15 p. m. It was, interalia, stated in the report that today at about 10:00 p. m. , he and his maternal grand-mother were sitting on the `chabutara', outside his house. At hat time, his brother-Shyam was coming on his Bajaj-M-80 from the side of the market with a slow speed. THE appellant Nakul S/o Babulal Mehar was standing in front of his house. As soon as Shyam reached near him, the appellant-Nakul inflicted a Gandasa blow on the temple of Shyam. Shyam fell down. THEreafter the appellant caused injuries on his cheek and neck. When he and Mathri Bai made hue and cry and ran to rescue Shyam, the appellant fled away towards the lane of Gammu Bhai. It was also alleged in the report that prior to this incident, an altercation had taken place between the appellant and Shyam and because of this enmity the appellant committed murder of Shyam. THE dead body of Shyam was lying at the spot. On the basis of this report Ex. P-1, the SHO registered a formal First Information Report-Ex. P-2 under Section 302 IPC against the appellant and investigation commenced. On the said day the Investigating Officer reached at the spot and prepared the inquest report Ex. P-3 at 10:45 p. m. Site plan Ex. P-4 was also prepared at 11:-00 p. m. THE blood stained stone was seized from the place of occurrence and it was sealed by the Investigating Officer vide Ex. P5. In the same night, at 2:30 a. m. the appellant was arrested vide Ex. P7. Blood stained Pent (Trouser) & Shirt which the appellant was wearing at the time of his arrest, were also seized and sealed vide Ex. P8. Autopsy on the dead body of the deceased Shyam was conducted by PW. 9- Dr. Rakesh Sharma on October 17, 1994 at 10:15 a. m. and he prepared the post-mortem report Ex. P15. On the information and at the instance of the appellant, blood stained Gandasi was recovered from a room owned by the appellant on October 17, 1994. Recovery memo is Ex. P. 10. Statements of the witnesses under Sec. 161 Cr. P. C. were recorded. On completion of the investigation, a chargesheet was laid against the appellant in the Court of learned Additional Chief Judicial Magistrate No. 3 Kota, who committed the case to the Court of learned Sessions Judge. The learned Sessions Judge framed a charge under Sec. 302 IPC against the appellant, which was denied and the appellant claimed trial. The Prosecution examined as many as 9 witnesses in support of its case. In the statement recorded under Sec. 313 Cr. P. C. , the appellant claimed innocence and stated that he was falsely implicated because the deceased used to sell smack and to give to to children for use. When he objected to it, he was given knife blow by the deceased, whereupon a case had been registered against the deceased. In defence, the appellant examined as many as 3 witnesses. The learned trial Judge, after hearing the final submissions, convicted and sentenced the appellant as indicated here-in-above. We have heard the learned counsel for the parties and scanned and scrutinized 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. Rakesh Sharma PW-9 stated that he was the Medical jurist posted at M. B. S. Hospital, Kota. On October 17, 1994 at about 10:15 a. m. , on the request of SHO Kotwali, Kota, he conducted the post-mortem examination of the deceased Shyam S/o Chhitar Lal and found the following injuries on the dead body:- EXTERNAL INJURIEs (1) Incised wound 4" x 1" x 2" transverse, lateral aspect of the Rt. Temporal region, cut the ear and bone, extending to face infront of Rt. ear. (2) Incised wound 3" x 1" x 1", transverse, middle of Rt. Cheeck, cutting the maxillary bone, muscles, vessels. (3) Incised wound 3" x 3/4" x 1" transverse, 1/2 m. below the injury No. 2, cutting the muscles, vessel and right mandible. (4) Incised wound 1/2" x 1/8" x 1/8", transverse, middle of the neck infront. (5) Incised wound, 2" x 1/4" x 1/2", transverse, in front of neck, lower aspect, cutting the muscles. (6) Stab wound- 1" x 3/4" x 1-1/4", middle area upper, part of chest Left side, cutting the medial end of left clavicle. (7) Incised wound- 3/4" x 1/8" x 1/8" on the left side of the chest, oblique, 3" below the Injury No. 6. (8) Incised wound 3" x 1/8" x 1/8" transverse, Rt. upper part of the chest. (9) Incised wound, 3/4" x 1/4" 1/4", oblique, dorsum of the Index finger of Left hand. INTERNAL INJURIEs (1) Fracture of right temporal bone, which was the effect of external injury No. 1. Laceration of brain matter underneath the fractured bone, brain matter peeping out through wound. (2) Fracture of the mandible, right side.
(3.) DR. Sharma further stated that all the injuries were ante- mortem in nature. Injury No. 1 was sufficient in the ordinary course of nature to cause death. It was also stated by him that all the injuries could have been caused by Gandasa and collectively they were sufficient in the ordinary course of nature to cause death. He also stated that the cause of death was shock as a result of the multiple ante-mortem injuries. He prepared the post-mortem report Ex. P. 15, which bears his signatures. The details of the injuries were given in Ex. P. 15a, which is part and parcel of the post-mortem report Ex. P. 15. The learned counsel for the appellant did not challenge the testimony of Dr. Sharma. In our opinion, the statement of Dr. Sharma is trustworthy and it has been proved beyond reasonable doubt by the prosecution that the deceased Shyam met with the homicidal death. The prosecution cases rests upon the testimony of PW-1 Babulal and PW-2 Mathri Bai, who are real brother and maternal grand-mother of the deceased respectively. No other eye-witness was produced by the prosecution. ;