Kanwaljit Singh Ahluwalia, J.

1. This is unfortunate case, where on the spur of moment without any premeditation while having dinner, upon hot words exchanged between father and the son, the present appellant Shyam Bihari @ Shyam being son caused three injuries in quick succession with scissor (Kainchi) to his father Roop Narayan.

2. The case of the prosecution, as stated in the charge is that on the intervening night of 22nd and 23rd of May, 2014, in the revenue estate of village Dhipri Chambal, Kota, the present appellant caused injuries to his father Roop Narayan with scissor and thus committed offence punishable under Section 302 IPC.

3. The present appeal has been filed through jail. During the pendency of the appeal, Mr. Dheeraj Singhal has filed Vakalatnama on behalf of the appellant.

4. The appellant was tried by the court of Additional Sessions Judge, No. 3, Kota. The said court vide impugned judgment dated 27.8.2016 held the appellant guilty of offence under Section 302 IPC. The trial court having convicted the appellant for the aforesaid offence, vide a separate order of even date, sentenced him to undergo life imprisonment and to pay a fine of Rs. 10,000/-, in default of payment of fine to further undergo additional six months SI.

5. The criminal proceedings in the present case were set into motion on the basis of written report (Exhibit-P/1) submitted by Satyanarain (P.W. 1) younger brother of the deceased Roop Narayan. In the written report, the complainant stated that on 22.5.2014 at about 10:15 PM he was informed by Pooja Birla (P.W. 7) daughter-in-law of the Roop Narayan that upon quarrel, the accused appellant Shyam Bihari @ Shyam elder brother of husband of Pooja Birla (P.W. 7) caused injuries with scissor in quick succession to Roop Narayan brother of the complainant.

6. From the perusal of the FIR (Exhibit-P/11), it is discernible that Pooja Birla (P.W. 7) is the eyewitness of the occurrence being daughter in law of the deceased Roop Narayan.

7. Before we revert to the testimony of Pooja Birla (P.W. 7) and her sister Krishna Maheshwari (P.W. 8), who are only eyewitness of the occurrence, it will be apposite for us to take note of the medical evidence.

8. Roop Narayan, after injuries were caused was taken to the hospital, where he was declared dead.

9. Dr. K.C. Sharma (P.W. 17) in the court deposed that on 23.5.2014 he was posted as Senior Medical Officer at Community Health Center, Itawa. Upon the application filed by the investigating officer, he conducted autopsy on the dead body of Roop Narayan aged 70 years vide Post Mortem Report (Exhibit-P/16.

10. A perusal of the Post Mortem Report (Exhibit-P/16) reveals that the deceased had suffered following three injuries:-

(i) Incised stab wound 2" x 1" X muscle deep piercing pleura accelerating in apex of left lung (1 cm X 1 cm X 1 cm) 4" inch above left nipple anteriorly on left side of chest. Clotted blood is present. Nature is dangerous to life.

(ii) Incised wound with reg. margin with clotted blood 6" x 2" gapping X bone deep cutting muscles and artery and vein- on left lower upper arm and on left upper arm lateral to medial, vertical and continuous- dangerous to life.

(iii) Incised wound stab wound with clean cut margins. Horizontal in epigastrium. Piercing abdomen peritoneum 1" X 1" inch. No injury to internal organ, no internal bleeding, size of wound 3" X 1" gapping piercing peritoneum. Nature dangerous to life.

11. As per opinion of the doctor, the cause of death was asphyxia and syncope due to lung injury and excessive blood loss.

12. Pooja Birla (P.W. 7) in the court deposed that on 22.5.2015 in the night at about 9:00-10:00 PM all family members sat to take dinner. This witness stated that Shyam Bihari @ Shyam accused is elder brother (Jeth) of her husband. He had taken vegetable alongwith Puris (Sabji-Puri) due to which hot words were exchanged and Shyam Bihari started abusing Pooja Birla, who was serving the dinner. Upon which, Roop Narayan father-in