KAILASH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Kailash appellant has preferred this criminal appeal against the judgment of the Additional Sessions Judge, Jhalawar, dated 30th Sept., 1975, convicting the accused - appellant of the offence under section 302, Penal Code and sentencing him to imprisonment for life.

(2.) The brief facts giving rise to this appeal are that a report was lodged at PS Sunel, by one Abdul Gafoor, on 26th April 1975, wherein it was alleged that in the night, at about 9.30 O'clock, one Saint, son of Kalu Halwai, and Shiv, son of Nandlal, were fighting with each other and exchanging shoes at Chhatri Chowk, and when Abdul Aziz, son of Abdul Kadar tried to separate them, accused Kailash inflicted a knife-blow to Abdul Aziz and then ran away. Abdul Aziz was then taken to hospital in a 'Thela' (Trolly). On this report, a case under section 307, IPC, was registered and investigation started.

(3.) The SHO came to hospital, where, in presence of the doctors he recorded the dying-declaration of Abdul Aziz at 9.45 P.M. The doctor advised to take Abdul Aziz to Jhalawar. He was brought to Jhalawar, and on the next day, Abdul Aziz expired. The case was then converted into that under section 302, IPC. The SHO inspected the site and prepared a site-memo and a map which is Ex. P 11. Accused Kailash was arrested vide arrest-memo Ex. P 12. The accused thereafter, gave information for the recovery of a knife. This information was reduced into writing which is Ex. P 13. On the basis of this information and at the instance of accused Kailash, the knife was recovered vide recovery-memo, Ex. P 8. A site-map of the house from where the said knife was recovered, was also prepared, which is Ex. P 9. After completing investigation, the police submitted a challan against accused Kailash, Shiv narain and Satya narain.