JUDGMENT

Kanwaljit Singh Ahluwalia, J. - Instant appeal has been filed by Madan Lal son Hardeo, by caste Gurjar, resident of Makhupura, Tehsil Ajmer, District Ajmer, to assail the impugned judgment dated 31.10.1990 rendered by the Court of Additional Sessions Judge No. 1, Ajmer, in Sessions Case No. 104 of 83(41 of 83) whereby the appellant was held guilty of offence under Section 302 IPC and vide a separate order of even date, was sentenced as under:-

"U/s. 302 IPC: Life Imprisonment, to pay a fine of Rs. 1000/-, in default thereof, to undergo one year additional imprisonment."

2. It is an old adage that the witnesses may tell a lie, but the documents will not speak so. In peculiar facts and circumstances, we shall first refer to the documents relied by the prosecution, then ocular evidence, medical evidence and other circumstances relied by the prosecution to secure conviction of the appellant.

3. Dr. V.D. Kaviya (PW.2) on 6.7.1983 had sent an information which was entered into daily diary register (Ex. P.1) vide Entry No. 197. The said entry when translated into English, reads as under:-

"Copy of report daily diary register, Police Station Sadar Kotwali, Ajmer, dated 6/7/83

197/12 PM

Contents: At this time a telephonic information has been received from Dr. V.D. Kaviya from JLN Hospital, Ajmer. As per the information, one person namely Sheoji Pahalwan was found lying in unconscious condition and at the crossing of medical college, he had suffered many injuries on the body. He was got admitted in the hospital by unknown persons (emphasis supplied). He is resident of Hathibhata, Ajmer. He has been admitted in Casualty Ward. Information is being sent. Action be taken."

4. After recording the above information, Constable 220 Pukhraj (not examined) had sent the information to ASI, Pooran Singh (PW. 4). Vide Exhibit-P. 3, ASI Pooran Singh on receipt of copy of Daily Diary Report Entry No. 197, reached at the police station and learnt that Shivraj s/o Balu, caste Gurjar, aged 27 years, r/o. Hathibhata, resident of Civil Lines, Ajmer, had expired. He carried inquest/Panchayatnama (Ex. P.4) and noted that there is presence of injury on right side of abdomen caused by incised weapon on the person of Shivraj and another injury on right shoulder. Two abrasions were also found present on right hand and left hand wrist. Pooran Singh noted in the report (Ex. P.3) that as per opinion of the Doctor, Shivraj had died due to above injuries.

5. Inquest proceedings/Panchayatnama (Ex. P.4) was carried. In the Panchayatnama/inquest (Ex. P.4) even though dead body was identified to be of Sheoji, but it was stated therein that his death has been caused by unidentified persons. Inquest proceedings were concluded on 6th July, 1983 at 8.40 AM. After inquest proceedings were carried, post-mortem was conducted on the dead body on 6.7.1983 at 10.00 AM vide post-mortem report (Ex. P.25).

6. On 6.7.1983 at 4.30 PM formal FIR (Ex. P.21) bearing No. 112 of 83 was registered at Police Station Sadar, Kotwali, Ajmer, for offence under Section 302 IPC. In the head note of the FIR (Ex. P.21), date and time of occurrence has been noted as 5.7.1983 at 11.40 PM. Formal FIR (Ex. P.21) when translated into English, reads as under:-

"To, Shri SHO Sahab, Police Station Sadar Kotwali, Ajmer.

It is submitted that I ASI Pooran Singh after receipt of copy of report No. 197 dated 5/6.7.1983 had gone to JLN Hospital where I found that Shivraj s/o Balu, caste Gurjar, aged 27 years, r/o. Hathibhata, at present resident of Civil Line, Ajmer, had expired. I carried further proceedings and prepared Panchayatnama. During above proceedings, I noted one incised injury on right side of abdomen of Shivraj and another incised injury on his right shoulder. From both the injuries blood was oozing. They were caused by incised weapon. On wrist of left hand and on right shoulder and right elbow I have found abrasions. Doctor Sahab has noted in the post-mortem report that Shivraj had died due