A person who intentionally causes the death of another person is guilty of murder, even if the victim consented to the act.

JUDGMENT

1. Appellant had faced trial in FIR No. 320 dated 1.5.2014 registered at Police Station Mahaveer Nagar, District Kota City under Section 302, 309, 456 Indian Penal Code, 1860 (hereinafter referred to as 'IPC').

2. FIR was lodged at the instance of complainant Bhanwar Singh. Prosecution story, in brief, is that on 1.5.2014 Deepu, son of the complainant, had got married to Neha. After marriage ceremony, the bride and bridegroom were to stay in the house of Baluram. The bride and the bridegroom went to the top floor of the house of Baluram. Appellant Bharat Singh also reached there and slapped Deepu. Then Deepu immediately called the complainant to the spot. When complainant reached the spot, he saw that Neha had suffered knife injuries and was lying on the ground. Bharat Singh also tried to inflict knife injuries to himself. Complainant caught hold of Bharat Singh. Bride was taken to the hospital, but she succumbed to her injuries.

3. After completion of investigation and necessary formalities, challan was presented against the appellant.

4. Charges under Section 302, 456, 309 IPC were framed against the appellant by the Trial Court on 25.02.2015. On 04.12.2017 additional charges were framed against the appellant under Section 449 IPC and Section 4/25 of the Arms Act, 1959. Appellant did not plead guilty and claimed trial.

5. In order to prove its case, prosecution examined twenty four witnesses. Appellant when examined under Section 313 Code of Criminal Procedure, 1973, after the close of prosecution evidence, prayed that he was innocent and had been falsely involved in this case. He further pleaded that Neha had called him to the spot. When he was talking to Neha, Deepu reached the spot. Deepu left the room saying that he was going to bring water, but he returned within two/five minutes and started quarreling with Neha. Deepu took out knife from his pocket and gave blows with it to Neha. When he intervened to save Neha, he was also inflicted knife injuries by Deepu. Thereafter, Deepu ran away from the spot. Appellant appeared in the witness-box as DW-1.

6. Trial Court vide judgment/order dated 07.12.2017 ordered the conviction and sentence of the appellant under Section 302, 309, 449 IPC and Section 4/25 of the Arms Act, 1959. Hence, the present appeal by the appellant.

7. Learned counsel for the appellant has submitted that the Trial Court has erred in ordering the conviction and sentence of the appellant. Prosecution had failed to prove its case. In-fact, appellant had been called to the spot by Neha and thereafter, husband of Neha had inflicted injuries to Neha with a knife. When appellant had intervened, he was also inflicted knife injuries by the appellant. Since, complainant is a police officer, appellant has been falsely involved in this case. In support of his arguments, learned counsel has placed reliance on the decision given by the Hon'ble Supreme Court in Narendra Vs. State of Rajasthan, (2014) Supp CrLR 358 , (SC) wherein, it has been held as under:-

"In the present case, in our view, there are formidable circumstances discernible from the evidence which probablise the defence version which are as under:

(a) Deceased Nathi and the accused were in love and they were intending to get married. Since they belonged to the same gotra, their relationship was not accepted by the villagers and they objected to the same;

(b) About three months prior to the incident, Nathi and accused left the village and lived together for about 10-15 days and thereafter Nathi returned to her matrimonial house;

(c) On 19.3.2003, the parents of the deceased went for work and PW-3 was also engaged in some events pertaining to Holi festival and Nathi was alone in the house;

(d) When the accused came to the house of the deceased, he was not armed; he had taken the sword from inside the room of the house;

(e) PW-3, nowhere stated that at the time of the incident his sister quarrelled with the accused. When the accused inflicted sword blows, dec