F.C.BANSAL, J. - (1.) THIS appeal is directed against the Judgment dated 13.11.1997, passed by learned Special Judge (Fake Currency Cases), Jaipur City, Jaipur, whereby the appellant - Ritesh Bhargava @ Bunti has been convicted for the offence under Section 302, IPC and sentenced to undergo imprisonment for life with a fine of Rs. 2000/ -, in default of payment of fine to further undergo 4 months' Rigorous Imprisonment.
(2.) THE brief facts of the prosecution case are that P.W. 1 -Smt. Sita W/o Gulab Singh Choudhary resident of Plot No. 120, Shiv Colony, New Sanganer Road, Jaipur, made a verbal report (Ex. P. 1) to S.H.O. Police Station -Sodala on 24.6.1994 at 8.00 A.M. It was, inter alia, stated in the report that yesterday at 10.00 P.M. she alongwith her husband Gulab Singh, her son Manoj and Miss Prabhati, who is daughter of her Jeth was sitting in her house. Bunti and Raju: a pick -pocket, along with a person entered in the house. Her husband Gulab Singh made them to sit and asked her to prepare tea for them. Thereafter, a quarrel took place between her husband and Bunti on account of some dispute regarding money transactions and Bunti caused an injury with a knife on the abdomen of her husband. When she made hue and cry, a person came from the road and took her husband to hospital. She did not go to the hospital in the night. In the morning she was informed about the death of her husband. It was also stated that Bunti was known to her as he used to come to her house. On the basis of the verbal report, S.H.O. Police Station Sodala, registered a case under Section 302/34, IPC and investigation commenced. The Investigating Officer reached at the spot and prepared site plan Ex. P. 2. He also seized blood -stained bed -sheet from a room of the house of the deceased -Gulab Singh vide seizure memo Ex. P. 3. Blood smeared pieces of cement floor of the room was also seized and sealed vide Ex. P. 4. Inquest report -Ex. P. 5 of the dead body of Gulab Singh was prepared. Blood -stained Baniyan and Chaddi of the deceased -Gulab Singh were also seized vide seizure memo Ex. P. 8. Autopsy of the dead body of Gulab Singh was conducted by Dr. H.L. Bairwa (P.W. 10), Medical Jurist, SMS, Medical Hospital, Jaipur and he prepared the post -mortem report Ex. P. 15. It may be mentioned here that before death, Gulab Singh was medically examined by Dr. P.S. Choudhary (P.W. 11) on 23.6.1994 at 10.40 P.M. He found two injuries of sharp weapon on the person of Gulab Singh and prepared injury report Ex. P. 16. Statements of witnesses under Section 161, CrPC were recorded. The appellant -Ritesh Bhargava was arrested on 24.6.1994 vide arrest memo Ex. P. 10. On his information and at his instance a knife was recovered on 24.6.1994 at 1.45 P.M. and the Investigating Officer sealed it and prepared a recovery memo Ex. P. 11. Pent and Shirt which the appellant was wearing were also seized and sealed vide seizure memo Ex. P. 20. Bed -sheet, knife, cloths of the deceased and the appellant, blood -smeared pieces of cement floor and control soil were sent to State Forensic Science Laboratory, Rajasthan, Jaipur (for short 'the FSL'). The report of the FSL is Ex. P. 22. On completion of the investigation, a chargesheet was laid against the appellant in the Court of Additional Chief Judicial Magistrate No. 7, Jaipur City, Jaipur, who committed the case to the Court of learned Sessions Judge, Jaipur City, Jaipur. In due course the case came up for trial before the learned Special Judge. The trial Court framed charge under Section 302, IPC against the appellant. The appellant denied the charge and claimed to be tried.
(3.) THE prosecution examined as many as 12 witnesses. In his statement recorded under Section 313, CrPC, the appellant claimed innocence and stated that he was falsely implicated in the case. DW -1 -Murarilal Sharma was examined in defence.;