IMPORTANT POINT
When a person intends to cause death of any person normally the brick pieces are not used as weapon because generally they are not supposed to cause fatal blows to the victim.

JUDGMENT

P.C. Jain, J. - The learned Addl. Sessions Judge by his judgment dated 31.3.1990 has convicted the accused for an offence under Section 302, IPC and sentenced him to undergo life imprisonment together with a fine of Rs. 500/- in default of payment whereof to further undergo rigorous imprisonment for six months.

2. The brief facts of the case are that a First Information Report was lodged by Om Parkash at the Police Station-Gharsana on 3.4 .1988 at 1.30 a.m. in respect of the occurrence that took place on 2.4.1988 at about 9.30 p.m. The informant Om Prakash stated in the First Information Report that on 2.4.1988 at about 8.00 p.m. he, Krishna Lal and Jagdish were proceeding towards their village from Rawla Mandi. When they reached the field of Shankar Lal at about 9.30 p.m., they heard the cry "save. save", which was coming from the Eastern side of the field of Shankar Lal. Hearing the above cry, they rushed towards the place from where the cry for help was coming. There they saw that Makhan Singh (accused was inflicting blows on the person of Nihal Chand with big pieces of bricks. In their presence the accused inflicted 4-5 blows. As soon as the accused saw them, he left Nihal Chand (deceased) and ran away from the spot. Then they attended Nihal Chand who was lying on the ground in a very injured condition. They saw that he was bleeding profusely. His face was smeared with blood. When they called him he did not respond meanwhile Hanuman and Bhup Ram came to the place of occurrence hearing the noise.

On this report, the Police registered a case under section 302, IPC and proceeded for the investigation.

3. The Investigating Officer inspected the place of occurrence and prepared site-plans Ex. P. 2 and Ex. P. 3. The inquest report (Ex. P4) was also prepared and according to opinion of the responsible persons who took part in the inquest proceedings the deceased died as a result of sustaining the injuries. The Investigating Officer also collected the blood smeared as well as control soil from the place of occurrence. The pieces of brick were also seized by Ex. P7.

4. Dr. HS Kang (PW 7) conducted postmortem on the dead-body of Nihal Chand. The Medical Officer found two lacerated wounds: one-on the right-jaw, 2½" x 2" in size and; second-on the upper right lip. 1" x ¾" bone deep in size. He found several haemotomas on the head of the deceased. When the internal injuries were examined, the Medical Officer found that both the parietal and temporal bonus as also the occipital bones had fractured. The brain membrane was clotted with blood and there was, bleeding from the ear. The brain was crushed. According to the Medical Officer deceased Nihal Chand died on account of above injuries and the injuries sustained by him were sufficient in the ordinary course of nature to cause death. The post-mortem report is Ex. Plan record.

5. After the investigation, the Police filed a charge-sheet in the Court of learned Munsif and Judicial Magistrate, Bhadra on 4.7.1988, who committed the case of the accused to the court of Sessions on 16.7.1988 for standing trial. Against him.

6. Learned Sessions Judge framed the charge against the accused and recorded the plea of the accused. The accused pleaded not guilty and claimed to be tried.

7. The prosecution has produced three eyewitnesses, namely Om Prakash (PW 1), Jagdish (PW 2) and Kishan Lal (PW 5). These witnesses claimed that they saw the incident while they were returning to their village from Rawla Mandi. Bhup Ram (PW 4) and Hanuman (PW 3) also stated that they reached the place of occurrence from their flour mill and they saw accused Makhan Singh proceeding towards the village. They further stated that when they called him, he did not respond, Kishan Lal, Om Prakash and Jagdish told them that accused had killed Nihal Chand.

The learned Sessions Judge believed the version of the eye-witnesses that the accused inflicted blows with pieces of brick upon the deceased, and caused his death. He,