S.N. Bhargava, J. - (1.) This is an appeal directed against the judgment passed by the Session Judge. Jhalawar, convicting the accused-appellant Mangi Lal under section 302 IPC an: sentencing him to undergo life imprisonment and a fine of Rs, 1000/-and t default of payment of fine, further RI for one year.
(2.) On 7.3.85 at about 4.30 p.m. accused appellant is alleged to have given one knife blow on the back of the deceased Gulab Chand. Tej Karat, brother of the deceased lodged FIR (Ex. P 4) at Police Station Jhalawar, about 5 p.m. The police registered a case under section 302 IPC and after usual investigation, submitted a challan in the court of Magistrate, who committed the case to the court of Sessions. Learned Session Judge convicted and sentenced the appellant as aforesaid. Hence, this appeal.
(3.) Prosecution has examined PW-1 Kanhaiya Lal as an eye witness. Post-mortem of the deceased was conducted by PW-5 Dr. Chandra Prakash and the post-mortem report has been marked as Ex. P. 7, wherein the following injuries were found:- 'Stab wound l"X⅜"xl" on left back l#" lateral to vertebral column and below interior angle of scapula. Clean cut averted margins, accused by sharp edged weapon, ante-mortem". The doctor has opined that the aforesaid injury was sufficient in the ordinary course of nature to cause death.;