JUDGMENT 1. The accused-appellant stands convicted by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases, Ajmer under Section 302 Indian Penal Code and he has been sentenced to imprisonment for life and to pay a fine of Rs. 500/- or in default of payment of fine to further suffer six months simple imprisonment. Alongwith the accused-appellant one Harish Chandra was also tried under Section 302 Indian Penal Code, but was given benefit of doubt by the learned Special Judge and was acquitted. 2. As per the prosecution case there was previous enmity in between the family of deceased Mohan and brother Gopal PW 1 on one hand and the family of the accused-appellant on the other. The accused-appellant was the driver on Auto No. RJZ-2351. On August 13, 1990, at about 8.15 p.m. Mohan deceased had gone to market to bring some medicines. He was followed by his brother Gopal PW 1. Gopal was going to Dhan Mandi. Hukum Chand met Gopal on the way and both of them proceed towards Bad Ka Chowk. When they were on the corner of Peer-Mittha-Gali at about 8.30 p.m. they heard cries and when they reached the spot they saw that the accused-appellant Mahesh was having a knife in his hand and he gave blows with his knife to Mohan Mahesh repeated his blows on the left buttock of the deceased. Thereafter, the accused-appellant and his companion made good their escape. 3. A report of the incident was lodged by Gopal PW 1 at the police station immediately thereafter at 9.30 p.m., a case was registered and investigation was set in motion. Mohan died as a result of his injuries and his post-mortem was conducted by Dr. P.K. Saraswat. Dr. Sarswat on examining the dead body found that the deceased had as many as four injuries which are as under: "(1) Incised wound - 2 x 0.7 cm x ? deep on left buttock, medially in oblique direction 5 cm below the posterior part of iliac crest. The medial angle of wound is on upper level than lateral angle. Medical angles slightly pointed and lateral angle is rounded. (2) and (3) Two incised wounds placed just below the gluteal creak, posteriorly on left thigh 20 cm below the iliac crest. Both wounds are at the same level, horizontally and placed 0.5 cm apart. The medial angle of wound is on upper level than lateral angle. Medical angles slightly pointed and lateral angle is rounded. (2) and (3) Two incised wounds placed just below the gluteal creak, posteriorly on left thigh 20 cm below the iliac crest. Both wounds are at the same level, horizontally and placed 0.5 cm apart. The outer wound No. (2) is X 0.5 cm X ? deep. Its lateral angle is pointed, while medial angle is round. The inner wound No. (3) is 5 X 1.0 cm X ? deep. It also has pointed lateral angle and rounded medial angle. (4) Incised wound-2 x 1 x ? deep, placed on posterior aspect of left thigh in mid l/3rd, 16 cm above knee. It is placed obliquely with upper angle placed medially and is towards upper side and is founded, while the lower angle is placed laterally towards lower side with pointed angle." In the opinion of the doctor all injuries Nos. 1 to 4 were caused by sharp edged weapon and were of fresh duration (i.e. 0 to 6 hours before death). The doctor explored the wounds and on exploring the wound No. 1 it was only subcutaneous tissue deep for a depth of 0.7 cm. Wound No. 2 was subcutaneous tissue deep for a depth of 0.5 cm. Wound No. 3 was going in-forward medially and upward direction from posterior part of thigh cutting through skin, both fascia adductor margine, aductor brevis and fibres of aductor long. The muscles and spacis are stained by ecchymosed blood throughout the course. In the opinion of the doctor both wounds Nos. (2) and (3) were situated at gluteal crease at a distance of 0.5 cm in one horizontal plane, so giving appearance of single wound externally. On dissection both wounds (2) and (3) were found to be separate, and whereas wound No. 2 is incised wound, wound No. 3 is slab wound. In the opinion of doctor, the cause of death was hypovolumic shock, resulted from excessive haemorrhage due to injury to major vessels. 4. The accused was arrested and on his information weapon of offence was recovered. It was sealed and sent the Forensic Science Laboratory for examination and the reports of FSL to this effect are Ex.P/25 and Ex.P/26. Learned Special Judge after trial convicted and sentenced the accused appellant as aforesaid. 5. 4. The accused was arrested and on his information weapon of offence was recovered. It was sealed and sent the Forensic Science Laboratory for examination and the reports of FSL to this effect are Ex.P/25 and Ex.P/26. Learned Special Judge after trial convicted and sentenced the accused appellant as aforesaid. 5. Before the learned Special Judge, the accused-appellant in his cross-examination as well as statement under Section 313 Criminal Procedure Code. has come out with a case that he and the deceased Mohan were under influence of alcohol. Mohan took out a knife from his (Mohans) pocket and he wanted to stab the appellant and both of them grappled and in that process Mohan received injuries with his own knife. The accused did not examine any witness in his defence. In the cross-examination some of the witnesses did support the plea of the accused, but those witnesses had gone against their police statements. They were confronted with their police statements but they could not explain the contradictions. Learned Special Judge after placing reliance on the testimony of Gopal, the solitary eye-witness, convicted and sentenced the accused-appellant as aforesaid. 6. It was contended by the learned counsel for the accused-appellant that Gopal PW 1 is the brother of deceased Mohan and, therefore, he could not be relied upon. According to the learned counsel he was not even an eye-witness and the learned counsel contends that conviction for a major offence entailing imprisonment for life should not be based on his statement. 7. Learned trial Judge placed reliance on the statement of Gopal PW 1 and has sought corroboration from the statement of the doctor. The doctor excluded the possibility of the injury No. 3 having received by Mohan deceased during the scuffle. Learned trial Judge also said that if as alleged by the defence the accused-appellant and Mohan deceased would have grappled with each other, the accused would have also received injuries. Learned trial Judge disbelieved the statement of the accused, and in our opinion, rightly so. But we have to see as to whether the-statement of Gopal PW 1 is reliable ? 8. Gopal PW 1 no doubt is the real brother of deceased Mohan. He states that he was going towards Dhan Mandi. It is well known that Dhan Mandi is an important market of Ajmer. But we have to see as to whether the-statement of Gopal PW 1 is reliable ? 8. Gopal PW 1 no doubt is the real brother of deceased Mohan. He states that he was going towards Dhan Mandi. It is well known that Dhan Mandi is an important market of Ajmer. Gopal PW 1 stated that he was attracted on hearing alarm and when he reached the spot he saw that while Harish Chand was holding his brother Mohan, the accused appellant was having a knife in his hand, gave blows to Mohan by his knife and when he asked, the accused and his companion ran away. He stated that he knew the accused and his companion prior to the occurrence. According to him Lalu and Narain came there immediately thereafter. All of them took Mohan to the hospital and there the doctor declared Mohan dead. He got a report written from one Ratanlal and he signed it and the report was sent to the Police Station. A look at the report show that it was written within no time and it contains the story. It was mentioned that it is the accused appellant who caused injuries with his knife to deceased Mohan. In the lengthy cross-examination of Gopal nothing favourable to the accused came out. So far as the defence of the accused that deceased Mohan received injuries while both of them were grappling, we have already made a reference to the statement of the doctor and the doctor has excluded such a possibility and even otherwise such injuries could not have been caused while the deceased Mohan and the accused-appellant were grappling and the learned trial Judge has rightly observed that the absence of the injuries on the person of the accused-appellant goes to show that the accused has come out with a false case that Mohan deceased received injuries while both the accused-appellant and deceased Mohan were grappling with each other. After going through the statement of Gopal PW 1 we see no reason to disbelieve his statement. No doubt the learned trial Judge has disbelieved his statement insofar as other accused Harish Chand is concerned. The act attributed to Harish Chand was that he had caught hold of the deceased while the accused-appellant stabbed him. After going through the statement of Gopal PW 1 we see no reason to disbelieve his statement. No doubt the learned trial Judge has disbelieved his statement insofar as other accused Harish Chand is concerned. The act attributed to Harish Chand was that he had caught hold of the deceased while the accused-appellant stabbed him. In the facts and circumstances of the case, the learned trial Judge has disbelieved the evidence so far as accused Harish Chand is concerned. 9. We have already said that the statement of Gopal is corroborated by the medical evidence. A knife was recovered on the information of the accused and the recovery has been established by the statement of SHO as well as other witnesses. A look at Ex.P./25 as well as Ex.P./26 will show that various packets were sent to the officer of the Director, Forensic Science Laboratory Rajasthan, Jaipur, including a knife and so far as the knife is concerned it was found to be stained with human blood. Not only this, the blood group on the knife was 'O' group. It will further be seen that dried blood, blood smeared soil, pieces of cloths and pant of the deceased were seized and sealed and were sent to the Director, Forensic Science Laboratory and from the reports Ex.P./25 and Ex.P./26 it will appear that each of them, namely, dried blood, pieces of cloths and pant of the deceased were found to be stained with human blood of 'O' group. It can, therefore, be said that the blood of the deceased Mohan and the blood found on the knife was the same blood and this also connects the accused with the crime. 10. Consequently, we find no merit in this appeal. It is hereby dismissed. The judgment of conviction and sentence passed by the learned trial court against the accused- appellant is affirmed. *******