(1.) THE appellant having been convicted and sentenced by the learned Additional Sessions Judge Kishangarh District Ajmer under section 302ipc has preferred this appeal. THE conviction of appellant is principally founded on the ocular evidence of Laxman (Pw. 1), Man Singh (Pw. 4), Gheesu (Pw. 5) and Dev Kishan (Pw. 8 ). THE facts emerging from the evidence of these four witnesses coupled with the evidence of other prosecution witnesses may be stated as follows:
(2.) ON December 6, 1999 after the informant Laxman (Pw. 1) and the appellant picked up quarrel, Bhanwar Lal (deceased), the maternal grand father of Laxman, had gone to the market to meet Ram Niwas (father of appellant) who was found standing on the road in front of a shop, when Ram Niwas and Bhanwar Lal had altercations, appellant suddenly appeared and inflicted knife blow on the abdomen of Bhanwar Lal who was removed to the hospital where he died. As per postmortem report Ex. P-13 following antemortem injuries were found on the dead body:- 1. Stab wound 1 1/2 x 1/2 x upto parietal cavity at left Hypochondral region of abdomen. 2. Spleen-there is tear of 1" x 1/2 x 1/2 on lateral aspect of spleen with clots & blood over it. Dr. P. C. Patni (Pw. 15), who conducted autopsy on the dead body, deposed that the cause of death was hemorrhagic shock due to spleenic injury.