JUDGMENT Sureshwar Thakur, J. - The instant appeal becomes preferred by the convict, against the verdict, of, conviction, as made upon him, on 02.12.2017, hence by the learned Additional Sessions Judge-1, Kangra at Dharamshala, District Kangra, H.P., upon, Sessions Trial No. 7-1/VII/2015, vis- -vis, the charge drawn, under Section 302 of the Indian Penal Code (hereinafter for the sake of brevity, referred to as "IPC"), and also, becomes directed against the consequent therewith sentence, of, imprisonment, for life, and also, a, fine of Rs. 10,000/-, becoming imposed upon him. In default of payment of fine, the, convict became sentenced, to, undergo simple imprisonment, for, one year. 2. The genesis of the prosecution case, becomes anchored, upon, a statement, embodied in Ex. PW-1/A, as made by the father of the victim, who, therein has made a narration, vis- -vis, his deceased son, one Sahil Kumar, aged about 17 years, on 10.03.2015, when both were at their abode, hence, thereat, at about 3:00 p.m., the accused Arun Kumar belaboring his father, Bishan Dass, and the latter's wife, making an unsuccessful rescueratory attempt(s). Ext. PW-1/A, also contains a narration, vis- -vis, the deceased, Sahil Kumar, upon, asking convict, Arun Kumar, the reason, for, his belaboring, his father; (a) whereupon, the latter getting inflamed, as to the capacity of the deceased, to, mete interventions, and thereafter his stabbing him, with a knife. On anvil of Ext. PW-1/A, an FIR, embodied in Ext. PW-11/A, became recorded, at Police Station Indora, District Kangra, Himachal Pradesh Through memo, borne in Ext. PW-7/A, jacket Ext. P-3, of, the deceased, enclosed in parcel Ext. P-2, became recovered. Through recovery memo, embodied in Ext. PW-7/E, the accused enabled effectuation, of, knife, Ext. P-1. The sketch of the knife, Ext. P-1, became drawn, by, the Investigating Officer, upon, a paper, embodied in Ext. PW-7/D. Recovery memo, Ext. PW-7/E, was preceded by a disclosure statement, of, the convict, disclosure statement whereof is embodied in Ext. PW-7/C. 3. Postmortem report, ascribing acute hemorrhagic shock, due to rupture of heart, and, lung, "to be the cause of demise of deceased Sahil", is embodied in Ex. PW-18/A. The hereinafter extracted injuries, are reflected therein, to be occurring, on the body of the deceased, Sahil Kumar: 1.
PW-7/C. 3. Postmortem report, ascribing acute hemorrhagic shock, due to rupture of heart, and, lung, "to be the cause of demise of deceased Sahil", is embodied in Ex. PW-18/A. The hereinafter extracted injuries, are reflected therein, to be occurring, on the body of the deceased, Sahil Kumar: 1. External Appearance Thin built person wearing blood soaked blue shirt with vest torn exactly above the incised wound with jeans and underwear also soaked in blood with Kara in right wrist and Tabiz around neck. Rigor mortis present. Frank blood pouring out of the wound. Incised wound measuring 2.5 X 1.75 cm 9.5 cm below and lateral, 3.5 cm anterior axillary line. Margins sharp in red coloured. Clothes were packed and sent for forensic examination. (II) Cranium and Spinal Cord Skull with brain and membranes normal. (III) Thorax 1. Walls ribs and cartilages 2.5 X 1.75 cm wound incised with clean margins present over 9.5 cm below and 3.5 cm lateral to anterior axillary line. 2. Pleura Left pleura and lower lobe of left lung punctured 2.5 cm X 1.5 cm. Sixth rib also fractured. 3. Larynx and Trachea Normal. 4. Right Lung WNL. 5. Left Lung Lower lobe of left lung punctured measuring 2.5 X 1.5 cm. 6. Pericardium Heart Large vessels Anterior wall of left ventricle punctured with clean incised wound measuring 5.5 cm X 2.5 cm. Heart empty, Large vessels normal. IV. Abdomen 1. Walls Normal 2. Peritoneum WNL 3. Mouth Pharynx and Oesophagus No abnormality 4. Stomach and its contents Contused food particles present. 5. Small intestines and their contents. Semi digested food. 6. Large intestines and their contents. Digested food. 7. Liver Normal 8. Spleen WNL 9. Kidney WNL 10. Bladder WNL 11. Organs of generation NAD External and internal V. Muscles Bones Joints: There is no other bone injury other then those mentioned earlier. 4. Knife, Ext. P-1, being the weapon offence, hence used by the accused, at the relevant time, to, inflict fatal blows, upon, the deceased, becomes testified by PW-1, the father of the deceased, and also, the informant, vis- -vis, the occurrence. Besides, PW-1 has also testified, vis- -vis, his also becoming abused by the convict, and, also made an echoing in his testification, vis- -vis, the convict, after stabbing his deceased son, fleeing from the site of occurrence.
Besides, PW-1 has also testified, vis- -vis, his also becoming abused by the convict, and, also made an echoing in his testification, vis- -vis, the convict, after stabbing his deceased son, fleeing from the site of occurrence. The afore made testification, by an ocular witness to the occurrence, became attempted to be ripped apart, vis- -vis its efficacy, by the learned defence counsel, during the course, of his conducting cross-examination, upon, PW-1. However, a reading of the cross-examination of PW-1 unravels, vis- -vis, his neither contradicting the afore echoing, hence, during his crossexamination, nor his improving, upon, his previous statement, recorded in writing, and, as becomes borne in Ext. PW-1/A, nor also, his recorded deposition unveils, vis- -vis, his making gross improvements, or, embellishments therefrom. Consequently, implicit reliance, and also, absolute evidentiary creditworthiness, is to be meted, to the testimony, of, the afore ocular witness. Even though, in his testification, embodied in his examination-in-chief, he makes an echoing, vis- -vis, at the relevant time, the convict wielding, a, darat (sickle), and, though on the afore acquiesce, made by PW-1, in his cross-examination, an attempt is made, by the learned defence counsel, to, rear an argument, vis- -vis, the fatal stab wound, hence becoming unrelated, to, the knife, as earlier, in his examination-in-chief, he has deposed, hence, becoming used, for, delivering, the, fatal stab wound, upon the deceased. However, the afore intra se contradictions, hence appertaining to the afore factum, as exists respectively, in the examination-in-chief of PW-1, and, in his cross-examination, becomes minimized, vis- -vis, its purported exculpatory effects; (a) inasmuch as, during the course of PW-4; (b) also an eye witness to the occurrence, being put to crossexamination, the defence meteing a suggestion to him, vis- -vis, the accused assaulting deceased Sahil, with a knife, and, whereto an answer in the affirmative, hence emanated from PW- 4, therefrom an inference becomes aroused, vis- -vis, the defence acquiescing, vis-a-vis, the convict-accused, at the relevant time, holding knife, Ex. P-1, than Darat, as appears to be a bonafide mis-description, by him, of, the weapon of offence, hence, in PW-1's cross-examination.
P-1, than Darat, as appears to be a bonafide mis-description, by him, of, the weapon of offence, hence, in PW-1's cross-examination. Since PW-1, PW-2 and PW-4 to PW-6, all are, ocular witnesses, to the occurrence, and each, in their respectively rendered examinations-in-chief, do make vivid echoings, hence, bearing completest corroboration(s), vis- -vis, the narration(s) qua the occurrence, hence rendered, by PW-1, and also when in tandem, therewith, each make ascribing(s), of, a firm incriminatory role, qua the accused; (c) inasmuch as, his inflicting, the, afore fatal stab wound, on the person of the deceased Sahil, and, thereafter his fleeing from the spot. Moreover, when during, the course of conducting(s), of, cross-examination(s), upon, each of the afore eye witnesses, hence, by the learned defence counsel, though attempts were made, to, scuttle the incriminatory vigor, of, their depositions, as, made against the accused; (d) however, with all the afore strivings, of, the learned defence counsel, rather becoming negated, by the afore witnesses, to the occurrence; (e) thereupon, a conclusion become aroused, vis-a-vis, all the ocular witnesses, to the occurrence, making uneroded and unimpeached incriminatory testification(s), vis- -vis the accused; (f) wherethrough they assign firm incriminatory roles, with the firmest vigor, qua the accused; (g) especially when their respectively made depositions, are, free from any taint, of any intra se, or, inter se contradictions. Thereupon, this Court becomes constrained, to, mete a conclusion, vis- -vis, their ocular narrations, vis- -vis, the occurrence, becoming enjoined to be meted, utmost sanctity and tenacity. 5. Recovery of knife, Ex. P-1, became effectuated, through memo, drawn in Ex. PW-7/E, and also prior to the drawing, of, recovery memo, embodied in Ex. PW-7/E, the accused made, a, disclosure statement, embodied in Ex. PW7/C. The witnesses' to the afore made disclosure statement, and, the afore made recovery memo, upon theirs respectively stepping into the witness-box, as PW-1, PW-2 and PW-4 to PW6, rather fully supported all the echoings, borne respectively, thereins. Even during the course of their respective crossexaminations, becoming conducted, by the learned defence counsel, they rather withstood the afore ordeal; (a) and thereupon, their respectively rendered testifications, and, as existing in their respective examinations-in-chief, do efficaciously prove, all the recitals, borne therein, and, appertaining to a valid recovery, of, weapon of offence, Ext. P-1, becoming ensured to be made, by the accused, vis- -vis, the concerned Investigating Officer.
P-1, becoming ensured to be made, by the accused, vis- -vis, the concerned Investigating Officer. In aftermath, this Court is coaxed to conclude, vis- -vis, Ext. P-1, constituting, the proven incriminatory weapon of offence, hence used by the accused, in his committing the offence. 6. Be that at it may, the doctor, who prepared the post mortem report, upon stepping into the witness-box, as PW-18, has proven the opinion, borne therein, inasmuch as, acute hemorrhagic shock due to rupture of heart and lung, hence, causing the demise of the deceased, and also has proven the afore injuries, being causable, on the person of the deceased, through, users thereons, of, weapon of offence, borne in Ex. P-1. Since the afore testification, comprised in his examination-inchief, remains uneroded, vis- -vis, its vigor, even during the course, of, his cross-examination, by the learned defence counsel, thereupon, it becomes invincibly concluded, vis- -vis; (a) medical evidence; (b) efficacious recovery, of, weapon of offence; (c) untainted and unblemished testifications, rendered with mutual intra se corroborations, and, bereft of any inter se contradictions, hence by all the ocular witnesses, to the occurrence, all constituting apt corroborative pieces of incriminatory evidence(s), for hence this Court being coaxed, to, make a firm conclusion qua therethroughs, the prosecution proving the charge against the accused. 7. In aftermath, this Court does not deem it fit to make any interference with the impugned verdict, of, the conviction, and, consequent therewith sentence, imposed upon the convict, by the learned Trial Court. Accordingly, the extant appeal is dismissed and impugned judgment is maintained and affirmed. Records be sent back forthwith.