V.P. Tyagi,J. - (1.) Mangal, Dinesh & Habbu alias Prabhatnarain have filed this appeal which is directed against the judgment of the learned Additional Sessions Judge, Alwar dated 4 -3 -1974 convicting Habbu alias Prabhat Narain for an offence under Sec. 302 IPC and sentencing him to imprisonment for life. By this judgment Dinesh and Mangal were convicted for offences under Sec. 302 read with Sec. 34 IPC and each one of them was sentenced to undergo imprisonment for life.
(2.) The facts giving rise to this case are in a nut shall as follows: - -On 17th September, 1973 at about 9 P.M. Suresh went to see the picture in New Raj cinema. Alwar, where he met witty three accused persons namely, Habbu alias Prabhat Narain, Mangal and Dinesh. It is said that the tickets were not available and, therefore, a suggestion was given by the accused persons to Suresh to return and then to come again the next day to see the picture. While on their way back from the cinema when the party reached Malan -ki -Gali, it is said that Mangal and Dinesh caught hold the deceased Suresh and Habbu alias Prabhat Narain inflicted stab -wounds by his knife and thus caused serious injuries to the deceased. According to the prosecution case, the accused persons acted in this manner in order to rob Suresh of the amount that he was carrying in his pocket. On raising a cry, three persons namely, PW 1 Mahesh Chandra, PW 4 Ramesh and PW 5 Bhawani came to the spot. They tried to intervene and in the course of intervention, Ramesh sustained two injuries on his fingers. The accused persons made good their escape from the place of occurrence when other neighbours came to the Malan -ki -Gali Suresh was immediately shifted to the hospital. His condition was serious and, therefore, his dying declaration was recorded by Dr. Deshbandhu Gupta PW 3. Before recording this dying declaration, the doctor had sent a message to the Police Station, but, it so appears, that when he found that no body was turning up, he himself recorded the statement of the deceased, which is exhibit P/2. After sometime PW 8 Hariram came to the hospital and he also recorded the statement of the deceased, which is document exhibit P/15. On the basis of this document, the first information report was registered. After the lapse of two hours, the condition of Suresh deteriorated and he died the same night. The injuries of Suresh were recorded by the Medical Jurist Dr. P.S. Agarwal at the time when Suresh was taken on the operation table. According to the document, exhibit P/25, the following 7 injuries were sustained by Suresh: - - "1. Stab wound 2 cm x 1 1/2 cm cavity deep, on left iliac, Fossa, Bleeding. 2. Stab wound of 3 cm x 2 cm x cavity deep just below and left to umbilicus , omentum coming out of wound, Bleeding. 3. Stab would 2 cm x 1 1/2 cm on side of neck laterally at base. 4. Stab wound 1 1/2 cm x 1 cm x M. deep on rt. axilla bleeding. 5. Incised wound 2 cm x 1/2 cm on left arm laterally upper part and C bleeding. 6. Incised puncture 2 cm x 1/2 cm x M deep 1 1/2 cm below injury No. 5 C bleeding. 7. Incited wound 2 cm x 1/2 cm x M deep on rt. Arm laterally upper part C bleeding for wound." PW/3 Ramesh who had also sustained injuries when he was trying to save the deceased was also examined by the same doctor and was found to have received two incised wounds vide document exhibit P/26. The injuries on person of Ramesh were as follows: - - "1. Incised wound 1 1/2 cm x 1/3 cm x M deep oblique (ulnar side up and radial side down ward) on palmar aspect of rt. mid finger middle phalynx with blood clots. 2. Incised wound 1 1/2 cm x 1 1/2 cm x skin deep on palmar surface rt. ring and finger C blood clot."
(3.) After the death of Suresh, his post -mortem examination was performed by Dr. P.S. Agarwal who was of opinion that the death of Suresh was caused due to stab wounds, in abdomen and performation of intestine musculatery, haemorrhage and shock.;