SHANKAR LAL@SHANKAR Vs. STATE

JUDGEMENT

(1.) SHANKAR Lal @ Shankar by the impugned judgment dated 30th September, 1998 stands convicted under Sections 302 of the Indian Penal Code, 1860 (IPC) for murder of his uncle Mukesh Kumar. Said Mukesh Kumar was son of Mishri Lal from his second wife, whereas the appellant herein is son of Rohtas, who was born from the first wife of Mishri Lal. By order on sentence dated 6th October, 1998, the appellant has been sentenced to life imprisonment and fine of Rs.5000/ -, in default of which, he has to undergo Rigorous Imprisonment for six months.

(2.) THE main contention or plea raised in the appeal is that the appellant has been wrongly indicted and is not the culprit or perpetrator of the crime. It is submitted that there is no legal evidence to implicate the appellant. The second plea and connected contention raised relates to the doubt or debate on the question of cause of death of Mukesh Kumar.

(3.) MUKESH Kumar was declared brought dead at Guru Teg Bahadur Hospital on 12th January, 1996 at 7 p.m. This MLC was proved and marked as Ex.PW2/A. It records that Pawan Kumar, son of Rohtas and resident of the same address as that of the patient, i.e. B -273, Gamri Road, Ghonda (sic B270, Gamri Road Ghonda), had brought Mukesh Kumar to the hospital. The patient Mukesh Kumar has been described as son of Mishri Lal and the time of admission mentioned was 7 p.m. It was alleged that the patient had history of fall and against the column "cause" in the MLC report it was mentioned "Blunt (H/o fall)". The said MLC was proved by Dr. R.K. Nagar (PW -2) of the said hospital. However, we do not find any reason to dispute or even debate the cause of death in view of the post mortem report, Ex.PW3/A. Dr. K.K. Banerjee (PW -3) of Guru Teg Bahadur Hospital had conducted the said post mortem on 15th January, 1996 between 10.45 a.m. to 12.15 p.m. As per the said post mortem report and court deposition of the PW -3, the deceased had suffered the following ante mortem injuries: -