MANAK MOHTA, J. - (1.) The instant appeal is directed against the judgment of conviction and sentence dated 27.1.2001 passed by learned Additional Sessions Judge No.1, Bikaner in Sessions case No.05/99 whereby the accused-appellant has been convicted for the offence under Section 302 I.P.C. and has been sentenced to imprisonment for life and to pay a fine of Rs.500/-, in default of payment of fine, to further undergo one month's additional imprisonment.
(2.) The prosecution case, as disclosed during trial, is that one Mashroor Ahmed (PW-1) lodged an oral report (Exhibit-P/1) on 22.12.1998 at 10:30 a.m., at P.S. Kotwali Bikaner to the effect that Dilavar Hussain is his father-in-law and he married with his elder daughter-Rukshana about four months ago. He further stated that Dilavar Hussain's wife and sons had gone to Ramgarh (Sikar) and Dilavar Hussain stayed with the complainant as he had a dispute with Sardar Ali-his sister's husband and his sons. Accused-Liyakat Ali is the 'navasha' (daughter's son) of Dilavar Hussain, who had come from Bhadra on 20.12.98 and also stayed at his house. On that day, the first informant came from duty late in the night at 12:00 p.m., and went to sleep. Next morning he saw Liyakat Ali, who is his sister's son. Liyakat Ali got married about one year ago with Sardar Ali's daughter. In the house alongwith the first informant, his brother-Nafish Ahmed, Islam, his father, his wife- Rukshana and his sister-Anjuman were also living. On 21.12.1998, in the night at about 12 'O clock he came from duty, woke up his wife and after taking food went to sleep. At about 12:30 a.m. in the intervening night 21/22.12.98, he heard noise of vomiting coming from the room of Dilavar Hussain, upon which he woke up and went to the room of Dilavar Hussain. Vomit-material was seen on the cot, blood was oozing out from Dilavar Hussain's ear and 6-7 injuries were present on his head near his ear. His 'Rajai' and 'Dari' were found smeared with blood. Liyakat Ali was not there in the room at that point of time and blood was also seen on the 'Rajai' lying on Liyakat Ali's cot. The back-door of house was found open. Dilavar Hussain was taken to P.B.M. Hospital, Bikaner and was admitted there. He did not regain consciousness. The first informant further alleged that Liyakat Ali had launched attack on Dilavar Hussain with an intention to kill him.
(3.) On the basis of the aforesaid report, an FIR No.143/98 was registered under Section 307 I.P.C. and the investigation was commenced by the police. During investigation, police visited the site, prepared site-plan (Exhibit-P/2), haalat moka (Exhibit-P/3) etc. and seized pillow cover, 'rajai' cover stained with blood from the bed of Dilavar Hussain vide (Exhibit-P/6) and rajai' cover stained with blood from the bed of accused-Liyakat vide (Exhibit-P/7) and sealed them on the spot. On 23.12.98 Dilavar Hussain died in hospital. Thus, offence under Section 302 I.P.C. was substituted. Fard Surat Haal Lash (Exhibit-P/4) and Panchayatnama of the dead-body (Exhibit-P/5) were prepared and the post-mortem of dead-body was conducted vide (Exhibit-P/14). The underwear and banyan of deceased were collected and sealed (Exhibit-P/8). Statements of witnesses were recorded. During investigation, accused-Liyakat Ali was arrested vide arrest memo (Exhibit-P/12) and as per his information given under Section 27 of Evidence Act (Exhibit-P/19) and at his instance an iron rod (used as axle in autotaxi) was recovered vide (Exhibit-P/10).;