BHARAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) KAMAL, Mukhtyar Singh (since deceased) and accused-appellant Bharat went to the Punjab for some business to eke out livelihood. As the earnings were not divided between the parties, the matter was referred to the Panchayat, on March 18, 1978. No settlement, however, could be arrived at by the Panchayat. At about 7 or 8 p. m. the accused and the deceased met on the way near the house of Kamal. Mukhtyar Singh asked the accused not to precipitate quarrel and make payment of the amount of his share. Without giving any answer the accused took out a knife and thrust it into the stomach of the deceased. Mukhtyar Singh was admitted as indoor patient in the General Hospital, Alwar. P. W. 8 Dr. Prahlad Swaroop Agarawal informed the police, vide Ex. P. /13, of the admission of the deceased as an indoor-patient in the Hospital. P. W. 7 Indra Kumar, S. H. O. went to the Hospital and recorded the statement of Mukhtyar Singh in the presence of P. W. 1 Dr. Subhash Sapra. The statement has been marked Ex. P/l. A formal F. I. R. was drawn by the police on the basis of Ex. P/1, which has been marked Ex. P/10. On 21-3-1973 Mukhtyar Singh succumbed to the injury. The case was accordingly registered under Section 302, I. P. C. In the course of investigation and after his arrest accused Bharat expressed his desire to get the weapon of the offence recovered. The information memo is Ex. P/8. In consequence of the information knife Article 1 was recovered and seized under memo Ex. P/9. Autopsy on the dead body was performed by Dr. Prahlad Swaroop. In the opinion of the doctor the cause of death was a stab-wound leading to haemorrhage, shock and gangrene of intestine.

(2.) THE police after usual investigation submitted challan against the accused in the ocurt of the Chief Judicial Magistrate, Alwar. Ultimately the accused was tried by the learned Sessions Judge. Alwar. The prosecution examined 8 witnesses in support of its case. Accused denied his complicity in the crime. He examined one witness, Smt, Gyan Mala (D. W. 1) in support of his case. Learned Sessions Judge, placing reliance on the dying declaration, Ex. P/l corroborated by the statement of P. W. 2 Hariya as also on the injury report and marks o injuries on the shirt of the deceased held the accused guilty of the offence punishable under Section 302, I. P. C. and sentenced him to life imprisonment and to pay a fine of Rs. 100/ -. Hence this appeal.

(3.) LEARNED Counsel appearing for the accused has vehemently urged that Ex. P/l was recorded by the Sub-Inspector who was interested in the result of the case and as such no reliance should be placed on the same and so also on the dying declaration.