JUDGMENT

1. Singh and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs.20,000/- and in default of payment of fine to undergo rigorous imprisonment for two years. The fine, if realised, was ordered to be paid to the legal representative of the deceased.

2. The facts giving rise to the appeal are that the incident in which the appellant is alleged to have stabbed Rattan Singh took place at 11.30 P.M. on 5th June, 1991 at house no.WZ-7, village Dabri. New Delhi. Information about the incident was received at police station Dabri through Constable Shashi of the PCR to the effect that an unknown person had informed from public telephone about the same. A DD no. 18-A was recorded at police station Dabri to this effect and ASI Chhotu Ram proceeded to the spot along with Constable Azad Singh. After reaching the spot the ASI found that the injured had already been removed to the hospital. He left Constable Azad Singh on the spot and himself proceeded to the DDU Hospital. He collected the MLC of the injured and applied for permission to record his statement. The injured was declared as unfit for statement. The injured was referred to the RML Hospital where also his statement could not be recorded because he was declared unfit for statement. The statement of Jage Ram, father of the injured was recorded at about 5.30 A.M. This statement is Ex. PW-1/A and was used as the Rukka and was forwarded to the police station, Dabri for recording of the FIR. The FIR was registered initially under section 307 IPC at 5.30 A.M. on 6th June, 1991 being FIR No. 173/91 (Ex.l5-A). The injured died on 6th June, 1991 at 10.05 A.M. Thereafter case was converted under Section 302 IPC and the investigation was taken over by the SHO. The accused was arrested on 7th June, 1991 from a house in Sitapuri where he was allegedly hiding.

3. After recording the statement of Jage Ram at the Hospital, ASI Chhotu Ram went to the spot, prepared the site plan on pointing out by Charan Singh, PW-2, brother of the injured. He also lifted samples of blood, blood stained earth and blood control earth from the spot and got the spot photographed by the crime team. He seized the blood stained bed sheet which was found spread on the cot. The articles were converted into parcels and were later sent to the CFSL for its report.

4. The MLC of Rattan Singh shows that he was got admitted in the hospital by his father Jage Ram on 6th June, 1991 at 1.30 A.M. The MLC has two endorsements in the hand of attending doctors declaring the patient unfit for statement. The MLC is Ex. PW-17/A and PW-17/B. After the death of Rattan Singh, his body was sent for post mortem after due identification. The post mortem report is Ex. PW-11/A. The inquest proceedings were conducted on 6th June, 1991 and the report is Ex. PW-13/A. The death summary/report prepared at the RML Hospital is Ex. PW-13/B. The CFSL report is Ex. PW-13/G. According to the CFSL report, human blood was detected on all the articles which were sent to the CFSL for examination which included sample of blood of the deceased, blood stained earth, blood stained bed sheet, blood stained underwear, knife and blood stained gauze. The blood group was found to be that of group 'B'.

5. Dr. L.K. Barua, PW-11 who conducted the post mortem examination found the following injuries on the body of Rattan Singh:

"1. One stitched wound in the mid line of abdomen of size 81/2" with 22 stitches.

2. One stitched wound on left side front of chest 11 cms. with two stitches.

3. One incised wound on the lumbar region of size 1.5 cm. where a corrugated drainage tube was seen fixed. It was surgical wound.

4. One incised wound on the right lumbar region where another corrugated drainage tube was seen fixed. It was also a surgical wound.

5. One stitched wound on the left front of middle of thigh of size 3.5 cms. with five stitches.

6. Stitched wound on the lower third of left thigh of size 3 cm. with four stitches.

7 One sti