SHAHRUKH KHAN Vs. STATE OF RAJASTHAN,

JUDGEMENT

(1.) The appellant herein has preferred the instant appeal under Sec. 374(2) CrPC being aggrieved of the judgment dtd. 7/3/2019 passed by the learned Sessions Judge, District Rajsamand in Sessions Case No.32/2015, (CIS No.59/2015) whereby he has been convicted and sentenced as below:-

(2.) Briefly stated facts relevant and essential for disposal of the appeal are noted hereinbelow:-

(3.) Mohd. Sharif expired while undergoing treatment at MBG Hospital, Udaipur. Autopsy was conducted on his dead body by Dr. Sundeep Ingale. The doctor noted the existence of antemortem stitched incised stab wound measuring 4.5cm x 1.5cm cavity deep on the left side of infrascapular region between 6th and 7th intercostal space going downwards and medially. The wound was horizontally piercing the pleura and entered the lower lobe of left lung. Blood clots were present in the wound and left side chest cavity. The injury was caused by a sharp pointed weapon and was grievous and dangerous to life. The cause of death was opined to be hemorrhagic shock due to antemortem injury to left lung and was sufficient to cause death in the ordinary course of nature. The Medical Jurist issued the postmortem report (Ex.P/17).