In cases of sudden quarrel and single injury, the nature of the injury and circumstances must be considered to determine the offense under Section 300 IPC.

JUDGMENT

1. The appellant herein has preferred the instant appeal under Section 374(2) CrPC being aggrieved of the judgment dated 07.03.2019 passed by the learned Sessions Judge, District Rajsamand in Sessions Case No.32/2015, (CIS No.59/2015) whereby he has been convicted and sentenced as below:-

2. Briefly stated facts relevant and essential for disposal of the appeal are noted hereinbelow:-

Smt. Nida Amrin (P.W.1), lodged a written report (Ex.P/1) to the SHO, Police Station, Rajnagar, District Rajsamand on 09.06.2015 at 9.00 pm alleging inter alia that she was at her home at about 8.00 pm. Her husband Mohd. Sharif had gone to fetch medicines. Shahrukh son of Altaf Hussain, resident of Nayakwadi, Rajnagar, District Rajsamand stopped her husband and asked him to provide some guthka. While this banter was going on, the appellant Shahrukh hurled an insinuation at her husband that he was responsible for elopement of his sister Sahiba. Saying so, Shahrukh took out a knife from his pocket and stabbed her husband on the back. One Mohd. Hakeem was standing nearby who tried to intervene on which, he too received an injury on his hand. She rushed to the place of incident where, her husband who was in a serious condition, told her the details of the assault. Her husband was taken to the hospital at Udaipur. The accused appellant Shahrukh escaped from the spot. On receiving this report, an FIR No.200/2015 came to be registered at the Police Station Rajnagar for the offences punishable under Section 341, 324 and 307 IPC.

3. Mohd. Sharif expired while undergoing treatment at MBG Hospital, Udaipur. Autopsy was conducted on his dead body by Dr. Sundeep Ingale. The doctor noted the existence of antemortem stitched incised stab wound measuring 4.5cm x 1.5cm cavity deep on the left side of infrascapular region between 6th and 7th intercostal space going downwards and medially. The wound was horizontally piercing the pleura and entered the lower lobe of left lung. Blood clots were present in the wound and left side chest cavity. The injury was caused by a sharp pointed weapon and was grievous and dangerous to life. The cause of death was opined to be hemorrhagic shock due to antemortem injury to left lung and was sufficient to cause death in the ordinary course of nature. The Medical Jurist issued the postmortem report (Ex.P/17).

4. Pursuant to death of Shri Mohd. Sharif, the offence punishable under Section 302 was added to the case. The statements of the witness were recorded. The accused appellant was arrested and the place of incident was inspected. It is alleged that acting in furtherance of the information (Ex.P/18), provided by the accused to the Investigating Officer Shri Vivek Singh (P.W.15), a knife was recovered and seized vide Seizure Memo (Ex.P/8). Investigation was concluded and charge-sheet came to be filed against the accused appellant for the offences punishable under Sections 302, 324 and 341 IPC. Since, the offence under Section 302 was exclusively sessions triable, the case was committed to the court of Sessions Judge, Rajsamand from where it was transferred to the court of Additional Sessions Judge, Rajsamand for trial. The trial court framed charges against the accused appellant herein in the above terms, to which he pleaded not guilty and claimed trial.

5. The prosecution examined as many as 16 witnesses and exhibited 22 documents to prove its case. The accused, upon being confronted with the prosecution allegations in his statement under Section 313 CrPC, denied the same but did not choose t