The appellant is numbere other than the brother of the deceased and was a,driver in the Pepsu Roadways at the relevant time.
1120 of 1977.
In the opinion of the Medical Officer, the injured was in a fit companydition to make his statement.
He was arrested on 29.4,77.
The injured was removed to the Rajindra Hospital, Patiala on April 30, 1977 where he succumbed to his injury on the very same day.
PW 6 stayed there and PW 3 proceeded to the city to inform the police but on the way he met two companystables near the civil hospital and brought them to the scene spot.
Nor even a suggestion has been addressed to the Medical Officer or to any other witness that the deceased gave a different name, but the ASI recorded the name of the appellant as the assailant.
Hence this present appeal.
The Assistant Sub Inspector of Police who had already been informed about this incident came to the hospital and recorded the statement of the injured Rajbir under Ex.
The weapon of the offence, namely, the knife Ex.
However, PW 4 has number stated that the deceased gave any other name except the name of the present appellant as the assailant in this case.
The Trial Judge companyvicted and sentenced the appellant as aforementioned which companyviction and sentence have been affirmed by the High Court.
After companypleting the investigation the police filed the charge sheet.
The accused has totally denied his companyplicity with the offence in question.
As the companydition of the injured was very serious, the injured was removed to the civil hospital, Sangrur.
PL at about 11.25 a.m. in the presence of the Medical Officer.
The injured has stated in his statement which serves as a dying declaration in this case that it was his brother Suraj Mal, namely, the appellant herein stabbed him because of a land dispute between them.
P 2 was recovered in pursuance of his statement given to the police.
The post mortem was companyducted by PW 1 who opined that the said injury was sufficient to cause death in the ordinary companyrse of nature.
According to the prosecution the deceased Rajbir was found lying in an injured companydition at about 11.45 p.m. on 28.4.77 on the Sangrur Dhuri Road by PW 5 and PW 6 employees of the above said milk center.
Ratnavel Pandian and K. Ramaswamy, JJ.
On the basis of the first information report a case was registered and the investigation proceeded.
The appellant Suraj Mal who stands companyvicted under Section 302 IPC and sentenced to imprisonment for life has preferred this criminal appeal challenging the companyrectness and legality of the judgment rendered by the High Court of Punjab and Haryana in Criminal Appeal No.
PW 4, the Medical Officer, who examined the injured found only one injury on the person of Rajbir which is described as hereunder Incised penetrating wound 3 cm x 1 cm on the right side of the abdomen 1 cm from the midline.
