In the absence of evidence of motive or intention to kill, and where there is only one injury inflicted on the deceased that is not on a vital part of the body, the offense may be reduced from murder under Section 302 IPC to culpable homicide not amounting to murder under Section 304 Part I IPC.

Gopal Krishan Vyas, J.

Instant appeal has been filed by the accused appellant Naresh @ Narendra Singh against the judgment dated 19.09.2011 passed by learned Additional Sessions Judge (FT) No.2, Hanumangarh in Sessions Case No. 57/2008 [54/2008] whereby the learned trial court convicted the accused appellant for committing offence under Section 302 IPC and passed sentence of life imprisonment along with fine of Rs. 3000/- and in default of payment of fine, to further undergo six months rigorous imprisonment.

2. As per brief facts of the case, on 10.09.2008 at about 9:30 AM, Head Constable No. 130 Ashok Kumar of Pallu Police Station, Hanumangarh submitted a written report before the S.H.O, P.S. Pallu stating therein that today at about 5.55 AM upon receiving telephonic information, I along with Ami Lal, FC, Bhanwar lal FC, Rakesh Kumar, Ram Kumar reached on a public road near Government Hospital, where in the road side one white Pickup trolly No. RJ 21 GA 1933 was standing. In the said vehicle, one person in injured condition was lying, upon inspection, it is found that there were injuries upon his neck and blood was coming out due to said injury. The injured person was in position to speak, therefore, upon inquiry he said that his name is Mangi lal Bishnoi R/o Village Nokha and my was hired by Naresh R/o Rajyasar, Pallu in the last night, in the morning at about 5:30 AM, Naresh inflicted injury upon his neck with knife and while saying so he became unconscious.

3. As per the written report submitted by complainant Ashok Kumar, head constable on spot, the shopkeeper of medical store Indrapal and Tea shopkeeper Gajju and one sweeper of hospital Ramchando informed him that one person wearing read colour shirt and black pant caused injury to the injured person by knife and ran away towards bus stand. The complainant and other persons present on spot immediately admitted the injured Mangi lal in the Government hospital Pallu where after providing primary treatment injured was referred for further treatment at Government hospital, Rawatsar where he was declared dead by the doctors and his body is lying in the mortuary of hospital.

4. Upon aforesaid report Ex.P/1 submitted by Ashok Kumar, Head Constable of P.S. Pallu, FIR No. 99/2008 Ex.P/2 was registered at 9:30 AM on 10.09.2008 by the S.H.O. P.S. Pallu

5. After registration of FIR, usual investigation was conducted and upon evidence collected in the investigation, the accused appellant was arrested vide arrest memo Ex.P/15 at 7:15 PM on 10.09.2008 and upon his information under Section 27 of Evidence Act, vide Ex.P/17, blood stained knife was recovered in presence of two witnesses Pula Ram and Ami lal. After postmortem of the body of deceased Mangi lal Bishoi, report Ex.P/19 was prepared by Medical Jurist, Rawatsar PW/6 Dr. Hanuman Singh Mehra. Upon completion of investigation, the police filed challan against the accused appellant in the court of Judicial Magistrate, First Class, Rawatsar under Section 302 IPC from where the case was committed to the court of Additional Sessions Judge Nohar but transferred to the court of Additional Sessions Judge (FT) No.2, Hanumangarh for trial.

6. In the trial following charge under Section 302 IPC was framed against the accused appellant on 10.02.2009 which reads as under:-

^^;g fd vki ij vkjksi gS fd vkius fnukad 10-09-2008 dks lqcg yxHkx 5-30 cts ljdkjh vLirky iYyw ds ikl ekaxhyky dh e`R;q dkfjr djus ds vk'k; ls ml ij pkdw ls izgkj dj mldh e`R;q dkfjr dhA bl izdkj vkius ekaxhyky dh gR;k dkfjr dhA vkidk ;g d`R; Hkk0n0la0 dh /kkjk 302 ds v/khu n.Muh; vijk/k gS] tks fd esjs izalKku esa gSaA**

7. In the trial, to prove the aforesaid charge, the prosecution was granted an opportunity to lead evidence. The statement of eleven witnesses were recorded by the court in the trial for the allegation levelled against the accused appellant.

8. After recor