ARUN MADAN, J. - (1.) ON August 26, 1993 at about 6.00 a.m. PW -3 Shankarlal along with PW -4 Heeralal, resident of village Saiawad reached Police Station Bakani in the District of Alwar and informed PW -22 Khemraj, the Station House Officer, that the present appellant had caused death of Ratiram -deceased. On the basis of such report the SHO registered Crime No. 119/93 under Section 302 IPC and commenced investigation.
(2.) IN the course of investigation of the case PW -22 Khemraj, SHO collected the evidence to the effect that PW -1 Smt. Puri Bai, daughter of PW -2 Cheetarlal and PW -11 Smt. Kesar Bai had illicit relations with the appellant -Ratiram, that Smt. Puri Bai had been married with one Prabhulal resident of Surajpura but she left the company of her husband and returned to the house of her parents, that she was then married with one Kanhaiyalal resident of Mahuda (Nayagaon) but she did not stay there also, In her statement Smt. Puri Bai has stated that she has already married for the third time. With regard to the occurrence in the present case the evidence collected was to the effect that on a day prior to the incident, which took place on 26.8.1993 at 6.00 a.m. at village Salawad, PW -1 Smt. Puri Bai and her mother PW -11 Smt. Kesar Bai were returning after responding to calls of nature and when they reached near the Bada of PW -3 Shankarlal, where at the appellant also had his Bada, the appellant appeared on their way all of a sudden and opened an attack with a knife upon Smt. Puri Bai causing injury on her left breast below the nipple and an injury on the shoulder of Ratiram -deceased and then ran away. Smt. Puri Bai and her mother raised on alarm which attracted PW -2 Cheetarlal father of Smt. Puri Bai, PW -3 Shankarlal and PW -4 Heeralal to the place of occurrence. They found Smt. Puri Bai and Ratiram having bleeding injury on their respective persons and they moved them to hospital at Bakani where Ratiram was declared dead.
(3.) AT the hospital PW -7 Dr. Gopal Lal Nagar, examined Smt. Puri Bai, and found an incised wound 1/2' x 1/4' x 1/10' below her left Breast. On Examining the dead body of Ratiram -deceased Dr. Nagar noticed a stab wound 1 1/2' x 1/2' deep upto Lung parenchyma. On opening the body of deceased Dr. Nagar noticed that the wound had punctured the walls, ribs and cartilages of the right side and that right Lung was also punctured. Dr. Nagar opined that the deceased had died of Haemorrhage and Shock due to injury caused to his right Lung.;