IMPORTANT POINTS
Consistent and reliable evidence must result in conviction.
Delay in registration of FIR because Police were giving greater attention to prompt treatment to the injured rather than registering FIR will not be fatal to prosecution case.
Evidence of a witness cannot be discarded merely because he is related to deceased. In a case of fight among relations the relatives would be appropriate witnesses.
When neither injury report is produced nor nature of injuries is brought on record, prosecution cannot be alleged to suppressing the genesis of the case. Non-explanation of injuries on accused in such a case does not affect prosecution case.

Judgment :-

Ganguly, J.

1. This appeal has been filed by Hari s/o Mansingh Rathod impugning the judgment and

order of conviction passed by the Aurangabad Bench of Bombay High Court in Criminal Appeal No.523 of 2004.

2.2. The appeal to the High Court was taken from a judgment dated 20.7.2004 rendered by the First Ad-hoc Additional Sessions Judge, Aurangabad in Sessions Case No. 248 of 2003.

3.3. Before the Trial Court there were several accused persons. The Trial Court in its judgment only convicted the appellant herein and accused No.2 - Baliram s/o Janu Rathod.

4.4. Appellant - Hari was convicted for an offence punishable under Section 302 of Indian Penal Code and was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.100/- in default, simple imprisonment for ten days.

5.5. Accused No.2 - Baliram was convicted for an offence punishable under Section 324 of the Code and was sentenced to suffer rigorous imprisonment for three years and to pay a fine of Rs.500/- and in default to suffer simple imprisonment for one month.

6.6. Both the accused were granted benefit under Section 428 of the Code and they were acquitted of the rest of the charges.

7.7. Other accused persons were acquitted of all the charges.

8.8. The case arises basically out of land dispute and the prosecution allegations are as follows:

On 9.6.2003 in the morning hours, the complainant Santosh - P.W.1 was sitting in front of his house at Parundi-Tada, Tq. Paithan. His father Khemsingh and brother Gulabsingh were sitting at a cot in front of their house. At that time, Baliram Rathod and the appellant came to the place. Appellant - Hari assaulted the complainants father with a knife and Baliram Rathod - accused No.2 assaulted the complainants brother Gulabsingh with a knife. Being so assaulted, the complainants father and brother started running but at that time several accused persons came in front of the complainants house and started pelting stones aiming at the complainants father and brother. Some of the stones hit complainants fathers head and back. As a result of the knife blow on the chest of Gulabsingh, there was profuse bleeding and the injured felt giddy and sat on the ground.

1.9. Hearing the noises, complainants mother with some other persons came to the spot and tried to stop the quarrel.

2.10. Due to knife blow, complainants father died on the spot. Gulabsingh was taken to the Government Hospital, at Pachod and was referred to the Ghati Hospital, Aurangabad for further treatment.

3.11. P.W.12 - Shivaji, PSI attached to Rathod Police Station recorded the complaint of

P.W.1 - Santosh on 9.6.2003 and an offence came to be registered vide Crime No. 67/03. Thereafter, investigation was carried on and the accused were charged for committing offences punishable under Sections 302 and 307 r/w 34 I.P.C. and accused were also alternatively charged for offences under Sections 147, 148, 302, 307 and 504 r/w 149 of the Code.

12. The statement of injured witness P.W.2 -Gulabsingh was recorded. The dead body of Khemsingh was sent for post mortem examination which was carried out by P.W.5 Dr. Narayan Dhumal, who noticed the following injuries on the body of Khemsingh:

i. CLW on (Lt) parietal region of scalp middle region 3 cms x 2 cms x 1 cm.

Bleeding present.

ii. Incised wound on (Lt) side chest infra auxiliary region in the midline oblique. Blood oozing through the wound 2 cms x 1 cms width of the chest wall.

13. PW5 opined that the injuries are ante mortem and on internal examination he found that pleura and both the lungs were pale. Stab injury was there on the left side of pericardium and clotted blood was found. There was also a stab injury to the heart and

to the base of left ventricle on lateral part 2 x = cms. and the left ventricle of the heart had been pierced causing death. The opinion of PW5 was that the death was due to cardio respiratory arrest brought about by hemorrhagic shock as a result of stab injury to the left ventricle of