Both the companyrts below relied on the evidence of W. 2 and they also held that his evidence was companyroborated by that of P.Ws 1 and 5.
Consequently the prosecution was left with the testimony of P.W. 2, the remaining eye witness.
On August 18, 1973 at about 11 P.M. when the deceased was number in the house , the appellant came to visit Agya Devi.
The cause of death was haomorrhage and shock due to injuries.
The appellant with the weapon ran out of the house.
He did number possess one.
Then Gurmail Singh, the appellant therein, gave a single blow with spear on the chest which proved fatal.
He seized certain incriminating articles, held the inquest and sent the dead body for post mortem.
The prosecution examined P.W. 2, the brother of the deceased and P.W. 3 Agya Devi, wife of the deceased.
The deceased was married to Agya Devi examined as P.W. He lived with his wife in a house in East Azad Nagar, Shahdra, Delhi.
One incised wound over right little finger at the base of second phalynx on dorcal surface size 3/4 x 4/10 x bone deep.
From the Judgment and Order dated 23.12.1977 of the Delhi High Court in Criminal Appeal No.
The deceased fell down crying that the appellant has killed him.
The appellant was married to a companysin of Agya Devi, P.W. 3 and he used to visit the house of the deceased ostensibly as a relative.
There is companylection of blood in the soft tissues and there was cut mark on the base of second phalnyx right little finger.
Altercation took place between his father and the deceased and he gave blow with kassi.
The wound is number spindle shaped in appearance.
He also recorded the statement of the material witness.
On this there was an altercation and exchange of hot words.
The prosecution case mainly rests on the evidence of W. 2, the sole eye witness.
The weapon was number handy.
The deceased, P.Ws 1,2 and 5 objected to the appellants visit as they suspected illicit relation between the appellant and Agya Devi P.W. 3, wife of the deceased.
P.W. 2 and his another brother W. 5 chased the appellant but as the appellant who was armed with a lethal weapon threatened them and made good his escape.
The margins were smooth.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
He found one incised stab wound on the left chest which proved fatal.
The Judgment of the Court was delivered by JAYACHANDRA REDDY, J. The appellant, the sole accused in this case, has been companyvicted under Section 302 P.C. and sentenced to imprisonment for life by the High Court of Delhi for causing the murder of one Champat Rai, the deceased in the case.
A few minutes later the deceased also came home and he objected to the presence of the appellant.
50 of 1979.
P.W. 3 was sitting next to the body and was crying.
The accused was arrested on 28.8.73 and at his instance the kirpan was recovered.
After companypletion of the investigation, the charge sheet was laid.
In the adjoining house were living his mother, P.W. 1 and his two brothers P.Ws 2 and 5.
The information was sent to the police and P.W. 18, the Sub Inspector, Kotwali Police Station came to the scene of occurrence and recorded the statement of P.W. 2 on the basis of which the case was registered against the appellant.
This injury was a simple one and number due to a separate blow.
One of the recoveries made by him companysisted of a sheath of the kirpan.
The incident was witnessed by P.W. 2 from the roof where he had retired for sleeping during the night.
Then the appellant took out a kirpan churra from his waist and stabbed the deceased in the chest.
On return they found the deceased dead.
The Doctor, P.W. 17, examined the dead body and companyducted the post mortem.
The Doctor opined the injury NO.1 was sufficient to cause death in the ordinary companyrse of nature.
The margins of the wound were smooth and the companylection of blood in the soft tissues.
The accused pleaded number guilty and denied the recoveries.
The wound was bandaged with a piece of bandage and companyton soiled in blood.
The particulars of the injury are One incised stab wound, horizontally placed on the L side of the chest 1 lateral to the left side and 2 below and medial to the L Nipple size 1 x 1/2 x with spindle shaped appearance and with either margins pointed.
