Kanta Bhatnagar, J. - (1.) Appellant Banwari Lal was tried for the charge under section 302 I.P.C. by the Sessions Judge, Churu. By the judgement dated April 23, 1980, the learned Sessions Judge held the appellant guilty for the aforesaid charge and sentenced him to imprisonment for life and a fine of Rs. 250/- in default to undergo two months R. I.
(2.) Briefly stated, the facts of the case are as under:- The quarrel between the children of two brothers and the intervention of one of them resulted into the death of Ilayachi wife of Chirag (P.W. 4) at the hands of appellant Banwari on June 24, 1979. Chirag (P.W. 4) and Banwari are real brothers and were residing in the samegawadi. On June 24,1979 Chirag had gone for sewing at the house of his neighbour Karn Singh (P.W. 3). Ilayachi, wife of Chirag went there to ask her husband for tea. Chirags son went there and told his father that his uncle, meaning thereby the accused-appellant, would beat him. Chirag did not believe it and told the boy that he would not do so and might be simply threatening. Ilayachi left the house of Karnisingh. A little while thereafter Chirag and Karnisingh heard noise outside the houses and rushed to the place where Ilayachi was. They saw the appellant with a knife in his hand and lying down in injured condition. Ilayachi was taken inside her house. She succumbed to the injuries sustained by her after half and hour. Chirag went to Police Station, Rajgarh and lodged the report Ex. P/3. Case under section 302 I.P.C. was registered against the appellant by Deeparam. A.S.I. Deeparam (P.W. 11) went to the site and conducted necessary investigation. Dr. Megh Singh (P.W. 5), Medical Officer, Rajgarh conducted the autopsy over the dead body and noted following injury:- 1. Stab wound ⅝" x 1/2" thoracic cavity deep. It is on upper and outer aspect of left breast. It is 2" above from left nipple. It is oblique in direction. The edges are everted and clean cut. The lower angle of wound is more sharp than the upper angle. The fatty tissues are protruding out through the wound. On passing the through the wound it is going upto 5" deep into thoracic cavity obliquely and anteriorly.
(3.) In the opinion of the Doctor Ilayachi had died due to shock and internal haemorrhage. The postmortem examination report is Ex.P/6.;