IMPORTANT POINT
When injury is such as to have caused death, conviction u/s 307 would be justified.

JUDGMENT

Prafulla C. Pant, J.

This appeal is directed against judgment and order dated 25.02.2014, passed by the High Court of Judicature for Rajasthan, Jaipur Bench, in S.B. Criminal Appeal No. 144 of 1998 whereby said Court has dismissed the appeal and affirmed the conviction and sentence recorded by Additional Sessions Judge, Karauli, under Section 307 of Indian Penal Code (IPC) in Sessions case No. 26 of 1986.

2. We heard learned counsel for the parties and perused the papers on record.

3. Prosecution story, in brief, is that on 10.03.1986, Rekh Singh (PW-1) was going to get his tubewell engine repaired. He was stopped by appellant Mohar Singh and three others. While other three caught hold of Rekh Singh, appellant gave lathi blows on his neck, back and legs, due to which the injured (Rekh Singh) fell down. Witnesses Man Singh (PW-2), Gyan Singh (PW-3), and Ram Roop (PW-4) witnessed the incident. They took the injured to hospital where Dr. Nand Lal Sharma (PW-5) recorded injuries suffered by Rekh Singh in Ex. P-7, and also advised X-ray. After X-ray of injury on head, suffered by the injured, fracture was detected and supplementary report Ex. P-5 was prepared. PW-7 Manvendra Singh, S.H.O., Karauli, received information from aforesaid hospital, and set the police machinery into action. Sub-inspector, Bharat Singh (PW-6) went to the hospital and recorded “Parcha Bayan” -Ex. P-1. On the basis of said memorandum, First Information Report No. 70/86 was registered at the Police Station. S.H.O, Manvendra Singh (PW-7) investigated the Crime, and after interrogating the witnesses, and inspection of site, filed charge-sheet against appellant Mohar Singh and three others, namely, Ram Kishan and his sons Meetha Lal and Bheem Singh, for their trial in respect of offence punishable under Section 307 read with Section 34 IPC.

4. The concerned Magistrate, on receipt of the charge-sheet, after giving necessary copies, appears to have committed the case to the Court of Sessions for trial. The trial court, after hearing the parties, framed charge in respect of offence punishable under Section 307/34 IPC against all the four accused, including the appellant, who pleaded not guilty and claimed to be tried. On this, prosecution got examined PW-1 Rekh Singh (injured), PW-2 Man Singh, PW-3 Gyan Singh, PW-4 Ram Roop (all the three are witnesses), PW-5 Dr. Nand Lal Sharma (who medically examined the injured), PW-6 Bharat Singh, and PW-7 S.H.O. Manvendra Singh (Investigating Officer).

5. Oral and documentary evidence was put to the accused under Section 313 of the Code of Criminal Procedure, 1973, in reply to which they pleaded that evidence against them was false. However, no evidence in defence was adduced.

6. The trial court, after hearing the parties, found that prosecution could successfully prove charge of offence punishable under Section 307 IPC only against Mohar Singh, and involvement of other three others, namely, Ram Kishan (Father of Mohar Singh) and Meetha Lal and Bheem Singh (both brothers of Mohar Singh) was doubtful. Accordingly, the trial court convicted Mohar Singh, and after hearing of sentence, sentenced him to rigorous imprisonment for a period of five years and fine of Rs. 500/-under Section 307 IPC, and further directed that in default of payment of fine, he shall undergo additional sentence of imprisonment for a period of six months.

7. Aggrieved by said judgment and order dated 29.04.1988 passed in Sessions case No. 26 of 1986 by Additional Sessions Judge, Karauli, the convict filed S.B. Criminal Appeal No. 144 of 1986. However, the High Court, after hearing the parties, found no force in the appeal, and dismissed the same. Hence this appeal, through Special Leave.

8. Before further discussion, we think it just and proper to mention the eight injuries suffered by Rekh Singh which were recorded by Dr. Nand Lal Sharma (PW-5) in his report Ex.P-6, which are reproduced below:-

“(a) Red blue mark10 x 8 cm on left temoral region o