The facts are as under At about 3.00 p.m. on 3rd August, 1996, police station Bani Park, Jaipur received information that some person had been caused injuries with a knife in front of Dilbahar Wine Store and had been removed to the SMS hospital.
P 4 to ASI Banwari Lal in which he stated that at about 2/2.30 p.m. while at home he had received information from some person that his brother Om Prakash Omi had been caused injuries with a knife near the Dilbahar Wine Store and was lying there in an injured companydition.
Satish Kumar further stated that he had removed Om Prakash to the hospital in an Auto rikshaw and had got him admitted in Ward No.2.
Satish Kumar gave a written report Ex.
Om Prakash died at 10.30 p.m and the case was companyverted to one under Section 302 IPC.
During the companyrse of the investigation a knife, the alleged murder weapon, and the clothes of the accused were recovered at his instance and were sent to the Forensic Science Laboratory for examination.
Yusuf who was a pick pocket by profession had stabbed him after a quarrel over some money matter.
As Om Prakash was number in a position to give any statement, an FIR was registered under Section 307 IPC on the basis of the written information provided by Satish Kumar.
He further stated that he rushed to the Wine Store which was near the Khasa Kothi Circle and found Om Prakash screaming in pain with blood oozing from his stomach.
518 OF 2001 With Criminal Appeal No.
On enquiry, Om Prakash told him that Lala Abdul Salam s o. Mohd.
519 of 2001 HARJIT SINGH BEDI, J. This appeal by way of special leave at the instance of the State of Rajasthan has been filed challenging the judgment of the Rajasthan High Court whereby the appeal filed by the accused respondent Lala Abdul Salam against his companyviction and sentence for an offence under Section 304 Part II I.P.C has been allowed leading to his acquittal.
CRIMINAL APPEAL NO.
ASI Banwari Lal then started with the investigation and also made a search for the accused and he was finally arrested from near the Maharani Hotel later the same day.
This report was immediately entered in the roznamacha and as a companysequence thereof ASI Banwari Lal PW 14 accompanied by Constables Khem Chand and Jai Kishan went to the hospital and found Satish Kumar PW 3 present there.
