KANWALJIT SINGH AHLUWALIA,J. - (1.) Instant appeal has been filed by Madan Lal son Hardeo, by caste Gurjar, resident of Makhupura, Tehsil Ajmer, District Ajmer, to assail the impugned judgment dated 31.10.1990 rendered by the Court of Additional Sessions Judge No. 1, Ajmer, in Sessions Case No. 104 of 83(41 of 83) whereby the appellant was held guilty of offence under Section 302 IPC and vide a separate order of even date, was sentenced as under:- "U/s. 302 IPC: Life Imprisonment, to pay a fine of Rs. 1000/-, in default thereof, to undergo one year additional imprisonment."
(2.) It is an old adage that the witnesses may tell a lie, but the documents will not speak so. In peculiar facts and circumstances, we shall first refer to the documents relied by the prosecution, then ocular evidence, medical evidence and other circumstances relied by the prosecution to secure conviction of the appellant.
(3.) Dr. V.D. Kaviya (PW.2) on 6.7.1983 had sent an information which was entered into daily diary register (Ex. P.1) vide Entry No. 197. The said entry when translated into English, reads as under:- "Copy of report daily diary register, Police Station Sadar Kotwali, Ajmer, dated 6/7/83 197/12 PM Contents: At this time a telephonic information has been received from Dr. V.D. Kaviya from JLN Hospital, Ajmer. As per the information, one person namely Sheoji Pahalwan was found lying in unconscious condition and at the crossing of medical college, he had suffered many injuries on the body. He was got admitted in the hospital by unknown persons (emphasis supplied). He is resident of Hathibhata, Ajmer. He has been admitted in Casualty Ward. Information is being sent. Action be taken.";