- (1.) This Criminal Appeal is directed against the judgement dated, July 6, 1994 of the Sessions Judge, Jhalawar, in Sessions Case No. 315/92, whereby the appellant was convicted under S. 302 I.P.C. and sentenced to 7 years' rigorous imprisonment and to pay a fine of Rs. 100/-. In default of payment of fine, he was to undergo further rigorous imprisonment for one month.
(2.) During the course of arguments, learned counsel for the appellant did not challenge the conviction of the appellant and he restricted his arguments on two points. The first contention was that the offence under Section 307 I.P.C. was not made out from the facts and circumstances of the case, specially in the absence of medical opinion that the injuries sustained by the injured Makhan Lal were sufficient to cause death in the ordinary course of nature. The second submission was with regard to quantum of sentence. As the learned counsel has not challenged conviction of the appellant, as then facts of the case need not be given in detail and few facts necessary for this appeal may be described. In brief, the prosecution case was that on April 24, 1992, A.S.I. Makhan Lal (P.W. 1) was returning from the Police Station after submitting reports to the S. H. O. Police Station, Bhawani Mandi, about criminal cases which were being investigated by him. In the way his cycle went out of order, as such, he stayed to get it repaired. While he was taking tea at the hotel of Shankar Sindhi, the appellant came to him and started quarreling; with him. Sensing the appellant to be in a quarrelsome mood, he left that place and sat in the store of room of one Jugal Kishore. After some time, the appellant came with a knife and assaulted him causing five knife blows in quick succession. The S.H.O. P. S. Bhawani Mandi recorded 'Parcha-bayan' (Ex. P1) of A.S.I. Makhan Lal and registered F.I.R. on the basis of that statement. Accused Sukha was arrested and a knife was recovered at his instance vide seizure memo, Ex. P. 14. The injuries of the injured Makhan Lal, A.S.I. were examined by P.W. 5 Srinath Gupta on the same day vide injury report, Ex. P. 6. The following injuries were found on his person : 1. Stab wound 1" x 1/4" x ? just above left breast nipple. 2. Stab wound 1 1/1" x 1/2" x ? on left side of neck.
(3.) Stab wound 1" x 1/4" x ? on lateral side chest Lt. side.;