SHARMA, J. - (1.) APPELLANT Kishan Singh along with co- accused Birbal and Kalyan Singh faced trial before the learned Special Judge (Sati Prevention) Rajasthan cum Additional Sessions Judge, Jaipur City Jaipur in Sessions Case No. 40/52. The learned trial judge by his impugned judgment dated July 5, 1995 found appellant Kishan Singh guilty for the offence under section 302 IPC and sentenced him to suffer imprisonment for life with a fine of Rs. 1000/-, in default of payment of fine to further undergo rigorous imprisonment for three months. Co-accused Kirpal Singh and Kalyan Singh were however acquitted. APPELLANT Kishan Singh has assailed the findings of the learned trial judge in the instant appeal.
(2.) SUCCINCTLY stated, the relevant facts for the disposal of the instant appeal are, that in the evening of December 15, 1988 Jagdish (deceased) was sitting at the booking counter of Beniwal Travellers which is situated near Bikaner Hotel, Station Road, Jaipur. His uncle PW. 3 Birbal Singh was sitting in the office of the said Travel Agency nearby. At about 8. 45 p. m. appellant Kishan Singh alongwith his companion came there and asked some money from Jagdish for liquor. However, Jagdish did not oblige them. Whereupon appellant Kishan Singh and his companion assaulted him. It is alleged that appellant Kishan Singh took out a knife and waved towards Jagdish. Thereupon Jagdish ran away on the road towards railway station. Appellant and his companion followed him and the companion of the appellant caught hold of Jagdish just near Shriram Bhojnalaya, where appellant Kishan Singh dealt three blows with knife on the back of Jagdish. Jagdish fell down and it is alleged that the appellant again inflicted knife blows on his body. Thereafter the assailants fled away. Birbal Singh (PW. 3) and Sher Singh (PW. 11) a traffic constable amongst others also witnessed the incident. Birbal and Sher Singh took injured Jagdish in an autorickshaw and reached SMS Hospital, Jaipur where he was declared already dead. It also appears from record that the same day at about 8. 55 p. m. one unknown person telephonically informed Police Station, Bani Park, Jaipur City that one person has been stabbed with knife opposite Polo Victory Cinema. The said message was recorded in daily diary (Ex. 2 ). Since the said information was vague, the Incharge of the Police Station, Bani Park, directed Incharge of the Police Out post Sindhi Camp to immediately rush to the place of incident. Birbal (PW. 3) submitted a written report (Ex. P. 3) to Het Ram SHO (PW. 9) who forwarded it through Ram Chand (PW. 6) to the P. S. Bani Park, where formal FIR Ex. P. 17 was drawn under Section 302/34 IPC. Het Ram Inspected the site, prepared site plan Ex. P. 4 where he found blood lying at two places. He seized the sample of the blood from the place of incident and he collected sample of the soil vide seizure memos Ex. P. 5 and Ex. P. 6. He also collected blood from the towel vide seizure memo Ex. P. 7 and prepared the inquest report Ex. P. 24. Dr. Madan Tripathi, Medical Jurist (PW. 8) conducted the autopsy on the body of the deceased and found the following injuries. (i) Incised wound 4. 5 cms. x 2 cms. on the left auterio- aspect upper arm. On probing the wound is found to be through and through having clear out regular margins. (ii) Incised wound 2. 5 cms. x 1cm. on the med. aspect left arm having clear cut regular well defined margins. The wounds of injuries 1 and 2 was interconnecting each other. (iii) Incised wound 3cms. x 1cm. below and post to injury No. 1 having clear cut regular well defined margins. (iv) Stab wound 3. 5 cms. x 2cms. x chest cavity deep. (On probing the probe passes deep) over 6th inter costal spaced placed slight obliquely over 1st. left side chest wall. On further dissection underlying pleura cut. Further a cut wound 4cms. x 1cm. size seen over lateral aspect left lower lobe of lung. The wound is through and through reaching upto medial aspect of left lung lower lobe. Further the left pleural cavity is full of blood about 1000 cc blood seen. The wound is having clean cut regular well defined margins. (v) Incised wound 2. 5 cms. x 1 cm. placed obliquely over right scapular region muscle deep having clean cut regular margins. (vi) Incised wound 2. 5 cms. x. 5 cm. over thoraco lumber region over back placed obliquely muscle deep having clean cut regular defined margins. (vii) Incised wound 3. 5 cm. x muscle deep present over right side lumber region below injury No. 6 having clean cut regular and well defined margins. (viii) Linear incision 1. 5 cms. long left thigh middle 1/3 lat. aspect havingclean cut margins regular defined. (ix) Abrasion (rub) 1. 5 cms. x. 5 cm. left leg middle 1/3 soft scab reddish in colour. (x) Bruise semicircular in shape oflength 7 cm. placed over right costal margin (hypocoridrial region) reddish in colour. All these injuries were ante mortem in nature. The doctor opined that the cause of death was Syncope brought about as a result of injury to vital organs including lungs, which was sufficient to cause death in ordinary course of nature. After completion of the investigation challan was filed against appellant and other co-accused persons. In due course the case came up for trial before the learned trial judge. Charge under Section 302 IPC was framed against the appellant who denied the indictment and claimed trial.
(3.) TO prove its case the prosecution examined as many as 9 witnesses. Appellant Kishan Singh in his statement recorded under Section 313 Cr. P. C. denied all the circumstances appearing against him in the prosecution evidence and asserted that he has been falsely implicated. However, he did not adduce any evidence in defence. Learned trial judge on hearing the final submissions convicted and sentenced the appellant as indicated hereinabove. We have heard Shri A. K. Gupta, learned counsel for the appellant and Shri S. S. Rathore, the learned Public Prosecutor and Shri Sanjay Tyagi learned counsel for the complainant at length and carefully perused the record of the trial court in extenso. The prosecution evidence against the appellant Kishan Singh mainly comprises of the testimony of eye witnesses Sher Singh (PW. 11) and Birbal Singh (PW. 3 ). Dr. Madan Tripathi (PW. 8) who conducted the post mortem examination proved post mortem report Ex. P. 19. The blood stained garments of deceased as also the seized samples of the blood stained soil and the blood soaked cotton lifted form the place of incident were sent to the State Forensic Science Laboratory, Jaipur. The Assistant Director (Seriology), State FSL vide report Ex. P. 23 has reported that the blood smeared soil, blood stained jerkin pant bushirt, baniyan and chaddy (underwear) of the deceased were stained with human blood. However, the group of the stained those articles could not be determined as those had disintegrated. ;