BHARGAVA, J. - (1.) THESE two appeals arise out of a common judgment dated 31. 8. 87 passed by the Additional Sessions Judge No. 5, Jaipur City, Jaipur, convicting the accused-appellant Pramod Kumar Singh u/s 302 IPC and sentencing him to life imprisonment and a fine of Rs. 200/- only, while acquitting the non petitioners in Appeal No. 126/88,
(2.) MAHENDRA Singh (PW-2) lodged FIR (Ex. P. 10) at the Police Station Manak Chowk, Jaipur, at 7. 30 p. m. on 31. 12. 1983, stating therein that in the evening on that day at about 6. 30 p. m. Shakuntala Devi (PW-11) came and told that some quarrel was taking place at the house of Pinki, whereupon his brother Devendra went with her. After sometime, there was some noise that serious quarrel was taking place at the house of Pinki whereupon he and Vikram Singh went to the house of Pinki, and saw that the accused persons Rampal Singh, Pramod Kumar, Munna, Kanti, Naveen, Jai Shankhar and Akhilesh who were carrying lathi, iron rod and knife, had surrounded his brother Devendra Singh and were giving him beating. They shouted as to what they were doing, whereupon Rampal Singh inflicted a lathi blow on the head of Vikram Singh. Several other persons had also collected there after hearing the noise. His brother Devendra Singh fell down as a result of the injuries and when they saw him, he was found dead. Pinki and his mother had also seen the incident. It was further stated in the report that at the time when he reached the Police Station to lodge the report, Rampal Singh and Pramod Kumar who were present at the time of beating of his brother Devendrasingh, were sitting there at the Police Station. On the basis of the aforesaid, report, the police registered a case u/s 302 IPC. The police, after usual investigation, submitted a challan against the accused persons, numbering seven, in the court of Magistrate, who committed the case to the court of Sessions. Learned Sessions Judge, after trial, convicted and sentenced the accused-appellant as aforesaid whereas acquitted all other accused persons. Against the judgment of the trial court convicting Pramod Kumar Singh, D. B. Criminal Appeal No. 352/87 has been filed and the State has also preferred D. B. Criminal Appeal No. 126/88 against the order of acquittal of six accused persons. We have heard learned counsel for the parties and have also perused the record of the case as also judgment of the trial court. Prosecution has examined PW-1 Vimla Devi wife of PW-3 Radhey Shyam; PW-2 Mahendra Singh who had lodged the FIR, PW-3 Radhey Shyam, PW-4 Sunil Kumar @ Pinki, PW-11 Shakuntala and PW-13 Smt. Kamla wife of Sajjan Kumar as eye witnesses, out of which PW-1 Smt. Vimla Devi, PW-11 Shakuntala Devi and PW-13 Smt. Kamla have not supported the prosecution case and have been declared hostile. The prosecution has also placed reliance on the recovery of knife (Article-1), recovered vide recovery memo (Ex. P. 20), on the basis of information (Ex. P. 27) given by the accused Pramod Kumar Singh, as also on the report of the Forensic Science Laboratory (Ex. P. 23) wherein the knife has been found to be having human blood of 'b' group, which is also the blood group of the deceased. It may be noted that both recovery witnesses of Ex. P. 20, P. W. 8 Satya Narain and PW-9 Gopal have been declared hostile. It may be pertinent to note that accused Rampal Singh father of the accused-appellant Pramod Kumar Singh had also lodged FIR No. 642/83 (Ex. D. 1) at 7. 20 p. m- on 31. 12. 83 at Police Station Manak Chowk, Jaipur, wherein he has mentioned that when he and his son Pramod Kumar Singh were going towards the house, Pinki and his 10-15 friends gave them beating. Pinki had inflicted a lathi blow on his head and his Mousa had inflicted a knife blow to his son Pramod Kumar Singh and that proper steps should be taken against the accused persons.
(3.) DR. B. N. Gupta, who had conducted the autopsy of Devendra Singh has been examined as PW-6 and the post-mortem report of deceased Devendra Singh is Ex. P. 16. Deceased Devendra Singh has been found to have received four incised wounds and six abrasions. The cause of death has been given as syncope brought about as a result of Injury No. 1 which was sufficient to cause death in the ordinary course of nature. Injury No. 1 is a stab wound 3-1/2" x 1-1/2" cm. Thoracic cavity deep, obliquely placed in 7th I. C. space front of Lt. side chest. The other three incised wounds are as under: - (1) Incised wound 1-1/4 x -1/2 cm x muscle deep on top of Lt. shoulder, obliquely placed, with clotted blood. (2) Incised wound 3 x 1 cm x muscle deep placed obliquely on antero lateral aspect Lt. arm upper 1/3 part with clotted blood. (3) Incised wound 1-1/2 x 1/2 cm x muscle deep in Lt. axilla over posterior axillary fold with clotted blood. Vikram Singh had also received one stitched wound and one bruise. Accused appellant Pramod Kumar Singh received the following injuries vide Ex. D-4-A:- 1. Incised wound size 5-1/2 cm x 1 cm (in middle) bone deep placed obliquely on post, aspect. Lt. hand extending from root of left index going upwards laterally on hand with 2 cm tail. Margins are clear cut, regular and well defined with dried clotted blood present over it. 2. Abrasion 3 x J cm post, aspect. Rt. hand obliquely placed, dried clotted blood. 3. Abrasion 3 x 1/4 cm Frammity placed on Rt. hand posterior laterally with dried clotted blood. 4. Abrasion 2 x 1/4 cm on Rt. forearm laterally down 1/3 rd horizontally placed with dried clotted blood. ;