SHARMA, J. - (1.) THIS criminal appeal under section 374 Cr. P. C. arises out of the judgment and order dated 7. 7. 99 passed by the Additional Sessions Judge No. 2. , Ajmer whereby, he found the accused appellant guilty of having committed offence under section 302 IPC and accordingly convicted him under Sec. 302 and sentenced him to undergo life imprisonment with a fine of Rs. 2000/-, in default of payment of fine, to further undergo rigorous imprisonment for one year.
(2.) ON 20. 5. 91 at 5. 20 PM, PW 5 Dilip Kumar submitted a written report, Ex. P. 7 at Police Station Amar Gate, Ajmer alleging therein that one Smt. Meera W/o Ramesh Tekani has been residing in their house No. 67/32, Srinagar Road, Molla Bux Building, Ajmer in the capacity as tenant. She stopped paying rent from January, 1989. There-upon, his father gave notice to Smt. Meera, which she did not accept. ON 18. 5. 91, Smt. Meera along with her children left for Udaipur and has handed over another key of the house to Krishan Kant, appellant. As per the written report, Krishan Kant and his friends used to sleep in the house and leave the place at 8. 00 AM. ON the day of incident, in the morning he saw the name plate of Kunwar Madan Singh, Editor, Laharon ki Barkha) affixed at his house. He removed the name plate and kept the same in his house. He further alleged that appellant Krishan Kant and his friends went on roaming on the scooter around his house for whole of the day. In the evening at 4. 30 PM, his father went to have betel at the shop of Panju Pan-wala. He and his brother Vimal were busy in goasping with their friends on the road. At that time, appellant Krishan Kant and his friend came there and soon after reaching, they started inflicting knife blows after reaching, they started inflicting knife blows repeatedly to this father. When they rushed to save the victim, the accused persons an away from the scene. There was bleeding from the back and abdomen of his father. The complainant alleged that the Krishan Kant and his associated inflicted knife blows with an intention to kill his father. He then brought his father to the Police Station, in a jeep and that condition of his father was precarious. On the basis of above report, the police registered a case vide FIR, Ex. P8 for offence under Sections 307, 323, 324 and 34 IPC and proceeded with the investigation. In the course of investigation, the police rushed to the place of incident and prepared site plan, Ex. P. 1 and the inquest report, Ex. P. 9. The police arrested the accused appellant vide memo Ex. P. 5. Appellant furnished information, Ex. P. 17 as regards recovery of weapon of offence. Pursuant to the information, the police recovered a knife at the instance of appellant and prepared recovery memo, Ex. P. 2. The police also seized the blood stained clothes of the deceased vide memo Ex. P. 11. The victim was medically examined and PW 9 Dr. V. D. Kaviya, who examined the victim found as many as 7 injuries vide injury report Ex. P. 14. On the same day, at about 9. 15 PM, the victim died in the hospital at 9. 15 PM. Accordingly, post mortem examination was conducted by Dr. P. K. Sarswat (PW 10) on 21. 5. 91 at 10. 00 AM. In the opinion of doctor, the cause of death was shock due intraperitoneal injuries, leading to multiple perforations of intestinal loops. The post mortem report is Ex. P. 15. On completion of investigation, the police submitted a charge sheet against the appellant and form others for offence under Sections 302, 323 and 324 IPC in the court of learned Judicial Magistrate No. 2, Ajmer. The learned Magistrate having found the case exclusively triable by the court of Sessions, committed the case to the court of Sessions. The case came to be tried by the learned Additional Sessions Judge No. 2, Ajmer. The learned trial court, on the basis of evidence and material collected during investigation and placed before it and after hearing arguments of counsel for the parties, framed charges against the accused. The accused denied the charges and claimed trial.
(3.) IN the course of trial, the prosecution in order to prove its case examined as many as 15 witnesses and got exhibited some documents. Thereafter the accused were examined under Section 313 Cr. P. C. The accused did not examine any witness in their defence. At the conclusion of trial, the learned trial court did not find the charges established against three accused and accordingly acquitted them of the charges. However, the learned trial court found the prosecution case as alleged proved against the appellant and accordingly convicted and sentenced him in the manner stated above. Hence this appeal by appellant Krishan Kant against the judgment of conviction and order of sentence. We have heard learned counsel for the parties and have gone through the impugned judgment and the evidence available on record. At the out set it may be stated that five persons, namely, Mst. Meera, Madan Singh, Krishan Kant (appellant), Ranglal and Sunil Kumar were indicted for trial. Accused Madan Singh died during trial. ;