(1.) This appeal has been filed by the appellant Pramod Kumar against the judgment and order dated 21/04/1980 passed by Sri B. D. Agarwal, the then Sessions Judge, Saharanpur in Sessions Trial No. 64 of 1980, convicting him under Section 302, I.P.C. and sentencing him to life imprisonment.
(2.) The facts of the matter may be related sh shortly. The incident took place on 24-11-1979 at about 11.45 a.m. opposite the Labour Gate of Lord Krishna Textile Mills, Saharanpur. The deceased was Malkhan Singh and report was lodged by his brother Raj Bahadur PW-2 at the concerned police station the same day at 1.15 p.m. The deceased aged about 18 years was employed by a contractor Jagdish Prasad in the printing section of the said Mills in July 1979 and the accused was also employed in the same section. The worker used to observe lunch between 11.30 a.m. and 12.30 p.m. On the fateful day and time, there was a quarrel between the deceased and the accused opposite the Labour Gate of the Mills. The accused assaulted Malkhan Singh with a knife on the chest and pushed him. Malkhan Singh fell bleeding. Raj Bahadur PW-2 (brother of the deceased) had brought his meals at that time on cycle. Lal Singh PW-3 and Rakam Singh PW-4 had their tea shops opposite the Labour Gate. These persons with Daya Ram and Ram Murti gave a chase to the accused who ran towards the eastern side. At a distance of about 400 yards. Satpal PW-5 and Bhopal Chaukidar came up with Dandas. Satpal PW-5 had his flour mill at that place. After giving beating to the accused they took him down. He had thrown the knife in the Nala adjacent to the mill while fleeing. Lal Singh and Ram Murti went to the outpost Labour Colony, situate at a distance of about 100 paces and informed the police. The police came and took in their custody the accused near the flour mill of Satpal PW-5. In the meantime, S.C. Mathur PW-11, Labour Welfare Officer, attached to the Mills picked up Malkhan Singh from the place where he had been lying and took him to the hospital by car. The Doctor in the emergency ward of the hospital pronounced him to be dead. Raj Bahadur PW-2 (brother of the deceased) lodged the F.I.R. at P. S. Sadar Bazar at 1.15 p.m. Investigation followed. A search was made for the knife also in the Nala (drain), but to no effect.
(3.) It may be also related here that the autopsy on the dead body of the deceased was conducted the same day at 5.35 p.m. by PW-1 Dr. H. K. Sharma. The following ante-mortem injury was found on his person. Stab wound 2 cm x 1 cm x chest cavity deep on left side chest. 7 cm below to the left nipple at 7 'O' clock position. On opening, incised wound was found present between 6th and 7th rib and aorta was punctured along with left auricle.