- (1.) THIS criminal appeal under Sec. 374 Cr. P. C. arises out of the judgment and order dated 21. 9. 2000 passed by the Additional Sessions Judge, Khetri, district Jhunjhunu, whereby the learned trial Judge convicted and sentenced the accused appellants in the following manner:- Appellant Jai Singh + Under Sec. 302 IPc Life Imprisonment with a fine of Rs. 2500/-, in default of payment of fine, to further undergo simple imprisonment for one year. Under Sec. 307 IPc Imprisonment for seven years with a fine of Rs. 1000/-, in default of payment of fine, to further undergo simple imprisonment for six months. Appellants Om Prakash and Balbir Singh + Under Sec. 302/34 IPc Life Imprisonment with a fine of Rs. 2500/-, in default of payment of fine, each to further undergo simple imprisonment for one year. Under Sec. 307/34 IPc Imprisonment for seven years with a fine of Rs. 1000/ -. in default of payment of fine, each to further undergo simple imprisonment for six months.
(2.) THE facts leading to this criminal appeal may be summerised as follows:- On 28. 5. 96 at 12:35 AM, PW 12 Bajrang Lal, Head Constable recorded Parcha Bayan (Ex. P/14) of injured Ajay Kumar. In his parcha Bayan, injured Ajay Kumar stated that on 27. 5. 96 there was a meeting in respect of a public well. His father had also attended the meeting. At about 9. 30 PM while he and his father were returning and when they reached the passage situated near the house of Subhash, accused Jai Singh. Om Prakash and Balbir came running towards them. Accused Balbir caught hold of him, while accused Om Prakash caught hold of his father and accused Jai Singh who had a knife in his hand, struck knife blow on the neck of his father, as a result thereof his father ell down. Thereafter accused Jai Singh inflicted three knife blow on his chest and stomach. The injured stated that on their raising hue and cry, Sahi Ram, Nihal Singh, Ummed Singh, Hoshiyar Singh and Sardar Singh saved them. Hoshiyar Singh and Sardar Singh removed the injured and his father to the hospital in a Jeep. he stated that his father succumbed to the injuries on way to the hospital. Lastly, the injured stated that about 8-10 days prior to the incident, there was some dispute in regard to a dog belonging to subhash and that being the reason, the accused assaulted the informant and his father. On the basis of above Parcha Bayan, the police registered a criminal case vide FIR, Ex. P. 24 for office under Sections 302, 307, 341 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. P4 and seized controlled soil and blood stained soil from the place of incident vide seizure memos Exs. P5 and P6. The inquest report (Ex. P. 1) of the dead body was prepared and the cloths of injured Ajay and deceased Dilip Singh were also seized vide seizure memos Ex. P2 and P3 respectively. The post mortem on the dead body was conducted by PW 10 Dr. Ranveer Singh, who prepared the post mortem report Ex. P. 8. On dissection of body the Doctor found following injuries: " Stab Wound size 8 cm in length x 1 cm wide x 4 cm deep extending from upwards angle of left mandible to mid point between mandible and clavicle on left side of neck along anterior border of sternomastoid muscle common carotid artery and jugular vein cut, both cuts end visible". In the opinion of Dr. Ranveer Singh the cause of death was hemorrhagic shock resulting from cut carotid artery and juguler vein on left side of neck. The injuries were antemortem in nature and were sufficient in the ordinary course of nature to cause death.
(3.) INJURED Ajay Kumar was also medically examined vide injury report Ex. P. 9 and following 3 injuries by sharp edged weapon were found on his person: 1. Stab would (incised would 1"x1/2"x1/4" right side of chest on 4th intra costal space just above right nipple. 2. Incised would 1"x1/2"x1/4" on left side of chest just lateral to xiphi-sternum, and 3. Incised wound 1x1/2"x1/4" on right side of chest on back 3" below angle of right scapula. Accused Om Prakash, Jai Singh and Balbir Singh were arrested vide arrest memos Exs. P7, P17 and P18, respectively. Accused Jai Singh furnished information (Ex. P/19) as regards recovery of a open shirt which had blood stains. Pursuant to this information, police recovered a open shirt vide memo Ex. P. 20. Accused Jai Singh also furnished information, EX. P21 as to the recovery of a knife and pursuant to his information, police recovered a knife vide memo Ex. P. 22 and also prepared site plan, Ex. P. 23 of the place of recovery. The articles recovered and seized were sent to FSL for examination. , The FSL report, Ex. P7 indicates the presence of blood stains to be of human origin on the above articles. After completion of entire formalities as to the investigation, the police submitted a charge sheet against the accused appellants in the court of Additional Chief Judicial Magistrate, Khetri. The learned Magistrate having found the offence exclusively triable by the Court of Sessions, committed the case to the court of Sessions. ;