SHIV KUMAR SHARMA, J. - (1.) THE appellant Mool Chand along with his wife Smt. Budhi and son Kalu Ram were placed on trial before learned Additional Sessions Judge, Kotputli, District Jaipur in Sessions Case No. 36/96 for having committed murder of Baga Ram. Learned Judge vide judgment dated October 26, 1998 acquitted Smt. Budhi and Kalu Ram but convicted and sentenced the appellant for the offence under Section 302 IPC to suffer imprisonment for life and fine of Rs. 500/-, in default to further suffer three months rigorous imprisonment.
(2.) THE Police Station Virat Nagar District Jaipur commenced investigation under Section 302/34 IPC on the basis of report submitted by Mohan Lal (PW1), wherein it was stated that for installing the table for the purpose of ironing the clothes at Neemrana Hotel, the dispute existed between the appellant and deceased and on the fateful day it resulted in a tragic incident that took the life of Baga Ram. The appellant gave a knife blow on his neck that proved fatal. On completion of investigation charge-sheet was filed. In due course the case came up for trial before learned Additional Sessions Judge Kotputli. Charge under Section 302 IPC was framed against the appellant, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 12 witnesses. In the explanation under Section 313 Cr.P.C. the appellant claimed innocence but no witness was examined in defence. On hearing final submissions learned trial Judge convicted and sentenced the appellant as indicated hereinabove. We have heard the submissions advanced before us and scanned the material on record.
(3.) AS per post-mortem Report (Ex.P-4) Baga Ram sustained one injury thus : "Stab wound 3 cm x 2 cm x 5 cm (by external probing) with bruise at both ends of wound of size about 2 cm x 1/4 cm at one end and of size about 5 cm x 1/4 cm at another end. Direction of stab wound is downwards, backwards towards right side." The cause of death was shock due to haemorrhage caused by injury over vital organs and vessels (Carotid Vessels of right side). Dr. Surendra Kumar (PW3) exhibited the Post-Mortem Report and stated that only one injury was found on the person of deceased any no bony injury was seen.;