Shiv Kumar, J. - (1.) Challenge in this appeal is to the judgment dated April 16, 2002 of the learned Additional Sessions Judge No. 1 (Fast Track) Jaipur City, whereby appellant was convicted and sentenced under section 302 IPC to suffer imprisonment for life and fine of Rs. 100/-, in default to further suffer rigorous imprisonment for one year.
(2.) It is the prosecution case that on July 8, 2001 around 11 PM. informant Abdul Salam (PW.1) submitted a written report (Ex.P-1) at Police Station Kotwali Jaipur to the effect that his son-in-law Jahiruddin who was residing with him, was attacked with Chhurri (knife) by his son Nisar (appellant). Jahiruddin became unconscious and was removed to hospital. On that report a case was registered under section 307 IPC and investigation commenced. During the course of treatment injured succumbed to his injuries and section 302 IPC was added. Autopsy was performed, necessary memos were drawn, statements of witnesses were recorded, appellant was arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge No. 1, Jaipur City, Jaipur. Charge under section 302 IPC was framed against the appellant, who denied the charge and claimed trial. The prosecution in support of its case examined as many as 14 witnesses. In the explanation under Section 313 CrPC, the appellant claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellant as indicated hereinabove.
(3.) Death of Jahiruddin was concededly homicidal in nature. As per Post Morem report (Ex.P-30) following antemortem injuries were found on the dead body : 1. Incised punctured wound of size 2.5 x 1.0 cm scapula deep on right scapula region obliquely placed. Further there is fracture of blade of scapula correspondingly 1.5 x 3'4 cm with clotted blood. 2. Incised punctured wound of size 3.0 x 1.0 cm x abdominal cavity deep on right side back of chest just below the costal region 6.0 cm away from mid vertebral line on further dissection this wound has penetrated upto the level of right kidney which is showing mixed wound of sized 2.5 x 1.0 cm x 11/2 at its inner aspect with antemortem retropertonial hematoma. 3. Incised punctured wound 4.0 x 11/2 cm x abdominal cavity deep on just' over and right side to vertebral spine on further dissection this wound found reaching upto the level poster surface of left kidney in middle part evident as incised wound of size 1.5 x 1.0 cm x 3/4 cm outer antemortem hematoma vertebral bodies found intact. 4. Incised punctured wound of size 4 x 11/2 cm x abdominal cavity deep on left side front of abdomen 5.5 cm lateral to umbilicus on dissection this wound found communicating outer the anterior surface of stomach by an incised wound of size 2 x 1.0 cm above puncturing its peritoneal covering on further dissection there is another punctured incised wound opposite to the anterior surface of stomach more on left side of size f.5 x 1/2cm. Both these wounds found draining contents of the stomach upto the peritoneal cavity. 5. Incised wound 1.0 x 1/2x muscle deep on left costal margin in middle part with clotted blood. 6. Three incised wounds of size 2.0 x 11/2 x muscle deep, 3.0 x 11/2 cm x muscle deep and 3.0 x 1.0 cm x muscle deep on outer lateral aspect of left arm with clotted blood. 7. Incised wound 9.0 x 3.0 x muscle deep on left forearm upper ⅓ antero medially with clotted blood. 8. Incised wound 5 x 1 V2 cm x muscle deep on dorsal aspect of left hand at the left of index finger base with clotted blood. 9. Abrasion 2.5 x 1.0 cm on right side back of knee with clotted blood. 10. Diffuse swelling on right parietal region on dissection subscalp hematoma 41/2'x 3.0 cm over right parietal eminence. In the opinion of Dr. Shiv R. Kochar (Pw.14) the cause of death was hemorrhagic shock as a result of injuries.;