SHYAM SUNDER BYAS, J. - (1.) THIS appeal is directed against the judgment of the Additional Sessions Judge, Swai Madhopur dated March 31, 1976 convicting the appellant under Section 302, IPC and sentencing him to imprisonment for life and a fine of Rs. 300/ -, in default of the payment of fine to further undergo two months' rigorous imprisonment.
(2.) BRIEFLY recalled, the prosecution case, which short and simple, is that PW 2 Sukhpal, PW 3 Shanker, PW 4 Babu, PW 13 Mst. Kamla, the deceased Ganga Ram and the appellant Murari Lal were grazing their cattle in the forest of village Udana, P.S. Khandar, district Sawai Madhopur on July 30, 1975. The she -buffaloes of the appellant entered the field of one Jaggannath, who was a near relative of the deceased Ganga Ram. Shankar, Babu, Mst. Kamla and the deceased drove out the she -buffaloes from the field of Jaggannath and took them to the bank of the river situate nearby. The appellant Murari Lal picked up some quarrel with the deceased Ganga Ram on this matter. At about 1.00 p.m. when Ganga Ram was sitting with his neck downwards the appellant came and struck a blow on the back of his neck with an axe. The appellant thereafter took to heels. There was profuse bleeding from the wound of Ganga Ram and he became unconscious on the spot. It is alleged that the infliction of the injury was seen by PW 2 Sukhpal, PW 3 Shanker,PW4 Babu and PW 13 Mst. Kamla, who were nearby the site. Babu and Shanker went to the village and apprised Ganga Ram's father Bheru (PW 1) of the incident. Bheru came to the spot and found his son lying unconscious with a bleeding wound on his neck. He took Ganga Ram to the Government Dispensary, Khandal, where his injury was examined by Dr. G.S. Rajawat (PW 10). He noticed the following injury on the victim's body: Incised wound 4' x 1' x 3' on the back of the neck. The doctor was of the opinion that the injury was serious and grievous in nature and caused by some sharp edged weapon. He issued injury report Ex. P 11. Bheru went to the police station, Khandal and verbally lodged report Ex. P 1 of the occurrence at about 8.55 p.m. on the same day. The police registered a case under Section 307, IPC and proceeded with investigation. The Investigating Officer approached the Tehsildar, Khandal to record the dying declaration of Ganga Ram as his condition was detoriating rapidly. The Tehsildar, Khandal Mr. Lal Singh (PW 14) went to the Government Dispensary, Khandal and recorded the statement (Ex. P 12) of the injured victim Ganga Ram. The Investigating Officer inspected the site and seized the blood -speared soil from there. Dr. Rajawat advised the parents of the victim to take him to Jaipur for medical treatment. Ganga Ram was taken to Jaipur and was got admitted in S.M.S. Hospital, Jaipur. Despite medical treatment, he did not survive and breathed his last on August 8, 1975. The police added Section 302, IPC during investigation. The post -mortem examination of the victim's dead body was conducted at about 6.00 a.m. on August 8, 1975 by the Medical Jurist Dr. R.K. Katara (PW 9). He found the following ante -mortem injuries on the victim's dead body: External: (1) Stitched wound opposed by three thread suters 11 c.m. in length transversely place over nape of neck just near the hair line in the middle; (2) Stitched wound opposed by three thread sutures 3 c.m. in length sagitally placed over left parietal region of scalp; (3) Stitched wound opposed by three thread sutures 2.5 cm. in length sagitally placed over right parietal region of scalp. Internal: (1) Injury No. 1 on dissection the wound was going obliquely downwards 3 c.m. in depth cutting obliquely muscles lingamentum nuches between C -2 and C -3 vertibra and causing contusion of the spinal cord at the same level. . . . .
(3.) EXTERNAL injuries No. 2 and 3 were the surgical wounds caused by the Surgeon in treating the victim. In the opinion of Dr. Katara, the cause of death was due to respiratory failure as a result of injury to the spinal cord. The post -mortem report prepared by him is Ex. P 9. The accused was arrested on August 16, 1975 and in consequence of the disclosure statement made by him, axe (Article 3) was recovered. The clothes of the deceased were also seized and sealed. On chemical examination, these articles were found stained with blood. On the completion of investigation, the police submitted a challan against the accused Murari Lal in the Court of the Additional Munsif cum Judicial Magistrate, Sawai Madhopur, who, in his turn, committed the case for trial to the Court of Sessions. The learned Sessions Judge framed a charge under Section 302, IPC against the accused, to which he pleaded not guilty and faced the trial. In support of the case, the prosecution examined 15 witnesses and filed some documents. In defence, no evidence was adduced. The accused, in his statement recorded under Section 313, Cr. PC raised no specific defence except denying the incident and his participation in it. On the conclusion of trial, the learned Additional Sessions Judge found the evidence of the ocular witnesses PW 2 Sukhpal, PW 3 Shanker, PW 4 Babu and PW 13 Mst. Kamla reliable and trustworthy. He further took help from the dying declaration Ex. P 12. On the basis of these two sets of evidence, the Sessions Judge held the charge under Section 302, IPC duly brought home to the accused. The accused was consequently convicted and sentenced as mentioned at the very out -set. Aggrieved against his conviction and sentence, the accused has come -up in appeal.;