Point of law: If direct evidence is satisfactory and reliable, the same cannot be rejected on hypothetical medical evidence

JUDGMENT :

1. We have heard Sri Manoj Kumar Yadav, holding brief of Ms. Manju Yadav, learned counsel for the appellant and Sri Pankaj Saxena, learned A.G.A., for the State.

2. This appeal is against the judgment and order dated 19.6.1991 passed by VIth Additional Sessions Judge, Bijnor in Sessions Trial No. 445 of 1990 convicting the appellant under Section 302 I.P.C. and sentencing him to imprisonment for life.

3. The prosecution case, as per the first information report (Ex. Ka-1) which has been lodged on oral information provided by the father of the deceased, namely, Harbansh Singh (PW-1), is that deceased Arjun Singh was his younger son. The informant had partitioned his property as per which, his elder son i.e. the accused-appellant Balvinder Singh got equal share as provided to the deceased Arjun Singh, but he was not happy with the share he got and therefore, he bore enmity with the deceased Arjun Singh. It is alleged that on the date of incident i.e. 1.6.1990, at about 8.00 am, the informant (PW-1) went with his daughter Jasveer Kaur (PW-3) to the field where he noticed his help Harphool (not examined) in a petrified state. Immediately thereafter, the informant noticed that the accused-appellant was assaulting the deceased with an axe. It is alleged that as the informant and his daughter raised an alarm, after inflicting several blows on the neck and other parts of the body of the deceased, the accused appellant ran away whereas the deceased fell and died on the spot.

4. The first information report was lodged at 12.15 hours on 1.6.1990 at P.S. Rehad, District Bijnor, which was about 20 km away from the spot, giving rise to Case No.39 of 1990. Upon registration of the first information report, inquest was conducted at the spot by about 15.30 hours. Autopsy of the body was conducted by PW-2 Dr. H.P. Agrawal on 2.6.1990 at about 11.00 a.m. and autopsy report (Ext.Ka.2) describes ante mortem injuries as follows:-

(i) Incised wound 25 cm x 15 cm x cavity deep on back of head and neck extending from one ear to another ear. Brain matter is coming out. All the structures underneath injuries are exposed. Second, third cervical vertebrae and occipital bone are cut;

(ii) Incised wound 2½ cm x 1 cm x 6 cm on right side face 3 cm below the right ear. On exposure, right side mandible cut;

(iii) Abrasion 1 cm x ½ cm on back left hand at the base of left middle finger;

(iv) Incised wound 4 cm x 1 cm x muscle deep on front of right thigh 5 cm above the right knee;

(v) Incised wound 6 cm x 2 cm x muscle on antero lateral aspect of left thigh 10 cm above left knee;

(vi) Abrasion 3 cm x 2 cm on front of left thigh in middle;

(vii) Incised wound 1 cm x ½ cm x muscle deep on lateral aspect of left little toe.

Internal examination disclosed stomach empty, small intestine containing small amount of pasty material and large intestine having faecal matter and gases.

Opinion:-Cause of death is as a result of “shock and haemorrhage” due to head injury.

Time of death:-About one day before.

5. After conducting the investigation, charge sheet (Ext.Ka.10) was submitted by PW-5 K.P. Dixit. On which, after taking cognisance, the case was committed to the court of Session where, on 5.2.1991, charge of an offence punishable under Section 302 I.P.C. was framed against the accused-appellant. During the course of trial, the prosecution examined five witnesses. Their testimony, in brief, is as follows:-

6. PW-1 Harbansh Singh is the father of the deceased as well as of the accused-appellant. He stated that his first wife died 2-2½ months after the birth of the accused-appellant, whereafter he married another lady and out of second wedlock he has two sons, namely, Arjun Singh (the deceased), Kartar Singh, and a daughter, namely, Jasveer Kaur (PW-3). He stated that he divided his property into four parts giving 4 acres each to his three sons and kept 4 acre of land for himself. He stated that on account of above partition, the accused-appellant was not happy as he wanted h