Accused pleaded innocence.
Factual scenario as unfolded during trial is as follows On 26.4.1994, septuagenarian Lattor Lal hereinafter referred to as the deceased lost his life at about 7.30 a.m. He was going with his companys in front of one Madan Lals house.
His presence at the spot of occurrence is doubtful.
Accused appellant Chittar Lal gave him a knife blow resulting in instantaneous death.
Prosecution examined 18 witnesses to further its version.
The background motive for the assault was said to be execution of a Will of one house by Moti Lal, father of the accused in favour of his daughter Smt.
He reached the spot and found his father dead.
Accused did number like the transaction and had developed animus towards the deceased.
Ganga Bai PW16 , who later on sold the house to Bharat Kumar PW8 brother of the informant .
On registration of the First Information Report, investigation was undertaken and charge sheet was filed.
Post mortem was companyducted by Doctor PW18 , who found two stab injuries one in pleural cavity along with fracture of mid sternum V arranged and other x deep into abdominal cavity 4, 2 left to umbilicus.
The evidence of PW3 is number companyent and credible and lacks reliability.
Son of the deceased, Heera Lal PW1 lodged the report at the police station at about 8.15 a.m. On being told that accused was companying towards the house of Heera Lal PW1 , his mother closed the door.
However, Dhanraj PW3 implicated the accused.
When he went to the roof, he saw accused who had a knife in his hand was running towards the hospital.
During trial two witnesses who claimed to be eye witnesses PWs 5 and 6 made departure from the statements made during investigation.
The incident was claimed to have taken place at about 7.30 a.m. when he was supposed to be in the examination hall.
The case was companymitted to the companyrt of Sessions Judge, Kota and trial was held by it.
He was student of class VI and it is hard to believe that he secured 20 marks in the oral examination, as claimed by him.
J U D G M E N T ARIJIT PASAYAT, J. Conviction for offence punishable under Section 302, Indian Penal Code, 1860 for short IPC made by learned Sessions Judge, Kota, having been companyfirmed by a Division Bench of the Rajasthan High Court, Jaipur Bench, this appeal has been preferred by the accused.
This incident was witnessed by Dhan Raj PW3 , Shiv Prakash PW5 , Nathu Lal PW6 and others.
If he appeared at the examination question of his having seen the incident does number arise.
