Law: Penal Code (XLV of 1860)

Section: 304

  Penal Code ( XLV of 1860)--- ----S.304, Part I---Deceased assaulted by accused and his companions---Fatal injury attributed to accused in F.I.R. which was promptly lodged as well as in testimony of injured eye-witnesses---Testimony of injured witnesses supported by other eye-witnesses as well as by medical evidence---Deceased in his dying declaration also attributing fatal injury to accused---Conviction of accused could be based on evidence of eye-witnesses. Evidence Act (I of 1872)--- ----Ss. 45 & 3---Expert evidence----Weapon of assault--- Opinion of doctor examining deceased immediately after incident and also conducting post-mortem that injury was caused by sharp cutting weapon    No evidence that doctor had reason to act in unfair manner---Board of doctors constituted subsequently unable to give opinion about nature of weapon due to passage of time--------------------------------------------------- Negative evidence of Medical Board cannot efface positive evidence of doctor. Penal Code (XLV of 1860)--- ---S.100-=--Right of private defence---Free fight----Neither party has right of private defence--[Private defence, right of]. Evidence Act (I or 1872)--- ---Ss. 3 & 60-----Judicial proceeding---Evidence of living person------Mode of adducing---Must be by calling him to witness stand----------------------------------------------------------- Affidavit cannot be filed unless permitted bylaw or order of Court.--[Affidavit[. A. N: Mullah, Senior Advocate. Sanjay Sareen and S.K. Gambhir Advocate with him for Appellants. B. D. Sharma for the State. JUDGMENT A. M. AHMADI, J.--The appellant Munir Ahmed and 13 others were tried before the learned Sessions Judge, Churu (Rajasthan) for the murder of one Saduleh Khan and for causing injuries to P W-1 Saduleh Khan, son of Jasu Khan and P W-3 Yousuf Khan. The charge framed against the appellant was for commission of offences punishable under sections 148, 302, and 307/ 149, I.P.C. The learned Sessions Judge convicted the appellant under section 304, Part I, I.P.C. and sentenced him to suffer rigorous imprisonment for 10 years and to pay Fine of Rs. 1,000 in default to suffer rigorous…