A single stab wound to a vital organ, executed with a lethal weapon and motivated by prior enmity, establishes clear intent for murder under Section 302 IPC, precluding a downgrade to culpable homicide under Section 304 Part I.

BY THE COURT: (PER HON’BLE MR. JUSTICE VINIT KUMAR MATHUR)

1. The instant D.B. Criminal Appeal has been preferred by the accused-appellant under Section 374(2) of the Code of Criminal Procedure assailing the validity of the judgment and order dated 16.05.2015 passed by learned Additional Sessions Judge No. 1, Udaipur (hereinafter referred to as “the learned trial court”) in Sessions Case No. 04/2014, whereby the learned trial court convicted the accused-appellant for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to life imprisonment along with a fine of Rs. 5,000/- and in default of payment of fine, to further undergo five months’ simple imprisonment.

2. As per the prosecution case, the proceedings were set into motion on the basis of the First Information Report (Ex.P.1) lodged by PW-1 Batiya Ram subsequent to the incident. In the said report, the informant - Batiya Ram (PW-1) stated that on 18.10.2013, he along with his younger brother Sohan @ Poya (Deceased) and Malaram (Brother-in-law) had gone to the market. After completing their work, at about 1:00 PM, they were standing on the road near Prajapat Mohalla awaiting for a jeep to return home. At that time, Sohan @ Poya went towards Prajapat Mohalla to urinate, whereupon the accused-appellant Sapura allegedly caught hold of his Neck with his left hand and inflicted a knife blow on the left side of his chest with his right hand. Upon hearing the cries of Sohan @ Poya, the informant and others rushed towards the spot, whereafter the accused-appellant fled away from the place of occurrence, While fleeing from the place of occurrence, the accused-appellant was shouting that he had taken revenge for the death of his sister, who had died in a jeep accident during the Kagwas fair. It was further stated that Sohan @ Poya succumbed to his injuries while being taken to the hospital.

3. On the basis of the said written report (Ex.P.1), a formal FIR No. 118/2013 (Ex.P.13) was registered at Police Station Kotra, District Udaipur for the offence under Section 302 of the Indian Penal Code and investigation was commenced.

4. After completion of investigation, the police filed a charge-sheet against the accused-appellant for the offence under Section 302 of the Indian Penal Code before the Court of Judicial Magistrate, Kotra, Udaipur from where the case was committed to the Court of Sessions Judge Kotra, Udaipur and from there the case was transferred to Additional Sessions Judge No. 1, Udaipur for trial.

5. The learned trial court, after hearing arguments on charge, framed, read over and explained the charges under Section 302 of the Indian Penal Code to the accused-appellant, who denied the same and claimed trial.

6. During the course of trial, the prosecution examined as many as 10 witnesses, exhibited documents from Ex.P.1 to Ex.P.16, in support of its case; whereafter the prosecution evidence was closed.

7. After the prosecution evidence was concluded, the accused–appellant was examined under Section 313 of the Code of Criminal Procedure, wherein he denied all the allegations, claimed false implication due to ulterior motives, and asserted his innocence. No evidence in defence was led by the accused-appellant.

8. The learned trial court after hearing