N.L. Tibrewal, J. - (1.) The above mentioned appeal and criminal revision arise from the judgment and order dated, 27.1.1995 of Additional Sessions Judge No. 1, Jaipur City, Jaipur whereby the appellant Kishore Kumar has been convicted Under Section 302 Indian Penal Code and sentenced to suffer life imprisonment and to pay a fine of Rs. 2,000/-. In default of payment of fine, to undergo two months' simple imprisonment, and other accused have been acquitted of all the charges. The Appeal is by the convicted accused, while the Revision is by the complainant, seeking conviction of the accused persons.
(2.) The prosecution case may be briefly stated as under:- In house of No. 86, situate in Bordi-Ke-Kuwa-Ka-Rasta, Purani Basti, Jaipur, the deceased Girraj Prasad resided with him family members in half portion, which was owned by them. In the remaining half portion, the accused persons resided. The unfortunate incident occurred at 6.25 a.m. on 11.7.1993 where in the deceased was inflicted injuries wit a knife by the appellant Kishore Kumar. The immediate cause of the incident is stated to be an oral altercation which took place between the parties on the flow of water towards complainant's side from a drain of the accused. It is alleged that Smt. Chameli Devi, wife of the deceased, when asked co-accused Smt. Kamla to stop the flow of water towards their side, she started abusing her. Other accused also joined with Smt. Kamla in abusing Smt. Chameli Devi. The appellant-Kishore Kumar, then brought a knife from his room and after jumping over the dividing wall went towards the side of complainant's house and inflicted two knife blows on the chest of Girraj Agrawal. The charge against other accused was that they exhorted Kishore Kumar to inflict the injuries. After the incident. Girraj Agrawal was immediately shifted in emergency ward of S.M.S. Hospital, Jaipur in a seriously injured condition, where he succumbed to his injuries soon after he reached there. A written report of the occurrence was made by PW 2, Deepak Agrawal, the son of the deceased who claimed to be an eye-witness of the instance, at Police Station, Neemri, at 7.30 a.m. on the same day i.e. within an hour or so of the incident. On this report, Crime No. 23/93 was registered Under Section 302 Indian Penal Code vide First Information Report (FIR) Ex. P/2.
(3.) The autopsy on the dead body was conducted by PW 9, Dr. P.C. Vyas, vide post-mortem report Ex. P/13. He found the following external injuries on the dead body of the deceased as described in post mortem report. 1. Stab wound 2 x 3 /4 cm x chest cavity deep with fresh clotted blood present traversly on left side front of chest middle l/3rd at sternal border where it is 9 cm. below and medial to left nipple. On further dissection, wound present traversly Lt. side 5th inter-coastal space near sternal border and reaching to chest cavity and causing punctured wound in left side pericardium superiorly and reaching to left atrium where the incised wound of size 11/4 x 1/4 cm x of heart artial cavity deep present. Pericardial cavity is full of blood. Blood about 100 cc also present in left side pleural cavity. 2. Stab wound 11/2 x 3/4 cm x chest cavity deep with fresh clotted blood placed obliquely on left side front of chest in mid clavicular line where it is 8 cm below left nipple. On further dissection, this wound piercing inter-costal muscles in Lt 6th inter-costal space reaching to chest cavity. Note:-Margins of above mentioned both injuries are clean cut, regular, well-defined and everted. PW 9 - Dr. P.C. Vyas, opined that both the injuries were ante-mortem and cause of death was syncope as a result of injuries to heart mentioned as injury No. 1 in the post-mortem report. This injury was opined to be sufficient to cause death in the ordinary course of nature.;