Statement made by an accused under S.313 of Cr.P.C.--Cannot be a ground to convict him when prosecution failed to establish guilt of the accused.

Kanwaljit Singh Ahluwalia, J.

1. On 25.3.1996 in the area of village Pali, Rajender son of Net Ram was said to have been murdered by respondent-Rajbir who was charged for offence under Section 302 IPC by the Additional Sessions Judge, Faridabad. After conclusion of the trial, Additional Sessions Judge (I), Faridabad, vide his judgment dated 9.2.1998 recorded acquittal of respondent-Rajbir.

2. State of Haryana by filing the present appeal has challenged acquittal of respondent-Rajbir and prays that he be convicted and sentenced for the office for which he was charged.

3. Net Ram PW-2 made statement Ex.PB to ASI Ram Pal PW-4, on the basis of which formal FIR Ex. PB/2, bearing No. 141 dated 25.03.1996 under Section 302 IPC was recorded at Police Station Sadar Ballabhgarh. Net Ram stated to the police that he was a resident of Criminal Appeal No. 384-DBA of 1998 village Pali but was employed as a teacher in a Government School at Delhi. His son was a student of 10th class at Delhi. His son arrived from Delhi in a private vehicle and was proceeding towards the house followed by the complainant. The accused was standing near the water supply tank of Village Pali and gave a lalkara that he will teach Rajender a lesson for demanding money. The accused took out a knife from his pocket and grappled with Rajender son of the complainant. Rajender made an attempt to catch hold of the knife but the accused succeeded in causing 2-3 knife blows on left arm of Rajender. He also gave one knife blow on the left side of chest of Rajender son of the complainant. Thereafter, the accused decamped from the spot along with the weapon. Rajender succumbed to the injuries at the spot. The cause of occurrence stated to be was the demand of money made by Rajender deceased 2/3 days prior to the occurrence.

4. On 25.3.1996, Rajender was brought dead at B.K. Hospital, Faridabad. On the next day i.e. 26.3.1996 at 10.15 A.M., his autopsy was conducted by Dr.A.K.Gupta PW3 and Dr. Avinash Sharma. The following injuries were found on the person of deceased Rajender :-

1. An incised wound 1.5 x 1.0 cm into skin deep on the right palm.

2. Two reddish abrasions one each on the back of base of right little and ring finger measuring 1.0 x 1.8cm each.

3. Incised wound 1.5 x 0.3cm on the back of the left forearm on its lower half part.

4. Incised wound 2.0 x 0.3cm intradernal on the back of the left elbow in lateral part.

5. Incised wound 1.5 x 0.5cm intradernal on back of the left arm in the middle third part. Criminal Appeal No. 384-DBA of 1998

6. Incised wound 2.0 x 1.0cm elliptical shaped vertically placed just left to anterior mid line at a level 2.0cm below inter mammary line. On further discussion there was a rent in the

underlying lower part of the sternum corresponding to the wound as described. Clotted blood was present in the mediastinum corresponding rent was present in the right ventricle on its anterior surface piercing through the cavity of right ventricle and lateral wall of right ventricle. Medical pleura of right lung was perforated and there was perforation in the middle lobe of the right lung. Right pleural cavity and pericardial cavities were full of blood.

5. Dr. A.K. Gupta PW-3 opined that cause of death was result of shock and hemorrhage and injuries to vital organs of the body. Injury No. 6 was sufficient to cause death in ordinary course of nature. All the injuries were ante-mortem in nature. Duration between injuries and death was few hours.

6. This Medical Officer also examined accused Rajbir on the same day at 8.40 P.M. And found two incised wounds on his person. Injury No. 1 was on the chest and injury No. 2 was on the left thigh. The accused remained admitted in the hospital upto 30.3.1996.

7. PW2 Net Ram complainant, father of the deceased is the only eye witness of the occurrence. He reiterated as to what was stated by him in the FIR.

8. This Court can have quick glance of the other evidence led by the prosecution. Nand Kishore, P