JAIBIR Vs. STATE

JUDGEMENT

(1.) THIS appeal by Jaibir is directed against the order dated 29-8- 1978 passed by II Additional Sessions Judge, Muzaffarnagar convicting him u/Sections 324 and 302 IPC. He has been sentenced to undergo R1 for 2 years under Section 324 IPC and has been sentenced to death under Section 302 IPC. There is the usual reference by the Additional Sessions Judge for confirmation of the death sentence awarded to the appellant.

(2.) SIMPLE case of the prosecution against Jaibir appellant was that on 7_3_1976 at about 12 O'clock the appellant assaulted Smt. Dharamwati (PW1), wife of his brother Harbir in his room called Dukaria in village Sonpur Bopara within police station Mansoorpur, district Muzaffarnagar by a Kripan. Harbir caught Jaibir in his arms. There upon Jaibir gave a Kripan blow at the stomach of Harbir who succumbed to the injury on the same day at 10.05 p. m. in district Hospital, Muzaffarnagar.

(3.) ON the date of occurrence at 4.20 p.m. Dr. R. K. Jain (PW 8) examined Harbir and found two incised wounds detailed below: 1. Incised wound 1 1/2" x 1/2" x not probed on left side abdomen-6" from umbillicus at 1 O'clock position. 2. Incised wound 2" x J" x not probed on right side abdomen 5" from umbillicus at 11 O'clock position. Injury No. 2 Appears to be the wound of entry and injury no. 1 appears to be the wound If exit.