SHIV KUMAR SHARMA,J. - (1.) THE meaningful question that arises in the instant appeal is that in view of the injuries sustained by the deceased what offence is made out against the appellant.
(2.) THE learned Trial Judge in Sessions Case No. 33/1998 vide judgment dated July 6, 2001 convicted and sentenced the appellant for the offence under Section 302 IPC to suffer Imprisonment for life and fine of Rs. 1,000/- in default to further suffer three months simple imprisonment. The incident occurred on September 4, 1998. The allegation against the appellant was that he committed murder of his uncle Sheonath.
(3.) THE case of prosecution rests on the testimony of injured eye-witnesses Phooli Devi (PW4) and Sanwal Ram (PW2), who are respectively daughter-in-law and brother of deceased. The age of deceased was 80 years and as per post mortem report (Ex.P-12) the deceased sustained following ante mortem injuries and cause of his death was shock and haemorrhage :- "1. One swelling 3" x 3" on left cheek extending upto the infront of left ear and Lt. Nostril colour dark red. 2. One lacerated wound on upper and lateral part of swelling size 1/2" x 1/2" x 1/2". 3. One swelling-Bruise-deformity of left arm lower part size 3" x 1/2" colour dark red. 4. One swelling-Bruise on dorsal aspect of upper part of left forearm 3" x 1" one lacerated wound on the top of swelling size 3/4" x 1/2" x 1/4" Bruise dark red in colour." ;