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High Court Of Rajasthan
Judgename : S.K.SHARMA,KHEM CHAND SHARMA
RANG LAL - Appellant
Versus
STATE OF RAJASTHAN - Respondent
Criminal Appeal 381 Of 1997
Decided On : 09/09/2003
FATAL ASSAULT - CRIMINAL LAW - [Sections 148, 323, 324, 325 and 302/149,1. P. C.] - The judgment discusses the evidence and material collected during the investigation, the role of each appellant in the incident, and the conclusion that the incident occurred suddenly and a free fight ensued between the parties. The court convicted and sentenced the accused appellants for their individual acts. The court also acquitted accused Ghasi due to lack of evidence of his involvement in the incident.
Fact of the Case:
The incident involved a sudden quarrel between two parties, resulting in a fatal assault on the deceased Chuttan and injuries to other individuals. The accused appellants were convicted and sentenced based on their individual acts during the incident.
Finding of the Court:
The court found that the incident occurred suddenly and was a free fight between the parties. The court convicted and sentenced the accused appellants for their individual acts during the incident. The court also acquitted accused Ghasi due to lack of evidence of his involvement in the incident.
Issues: The main issue was to determine the individual acts of each accused appellant during the incident and to establish whether the incident was a sudden and free fight between the parties.
Ratio Decidendi: The court concluded that the incident was a sudden and free fight between the parties, and the accused appellants were convicted and sentenced based on their individual acts during the incident. The court also acquitted accused Ghasi due to lack of evidence of his involvement in the incident.
Final Decision: The court convicted and sentenced the accused appellants for their individual acts during the incident. The court also acquitted accused Ghasi due to lack of evidence of his involvement in the incident.
K. C. SHARMA, J.
( 1 ) BOTH the criminal appeals, one by 8 accused-appellants against their conviction and another by the state Rajasthan against acquittal of accused-respondent Ghasi arise out of judg, ment and order dated 26-8-1997 thereby acquitting accused-respondent Ghasi of the offence under Sections 148, 323, 324, 325 and 302/149,1. P. C. and convicting and sentencing the accused-appellants inappeal no. 381/97 in the manner stated below :
( 2 ) AS per the prosecution case, PW-10 jagdish Prasad Sharma, ASI, Police Station, rajgarh recorded the Parcha Bayan (Ex. P3)of injured Dhanna S/o Sedu Ram in Referal hospital, Rajgarh on 12-11-1993 at 9. 00 p. m. The injured in his Parcha Bayan alleged that on the day of incident at about 4. 00 pm. when he and his brothers Ganesh, chuttan and Ram Kishan were present at their house, all of a sudden accused kanhaiya, Ranglal, Dhanpal, Ghasi, Bodha, mst. Kaushlya, Gulab w/o Dhanpal, Shanti w/o Kanhaiya, Nahni w/o Ranglal and one more lady (wife of one Netram) dame there duly armed with Lathis and Barchi. Soon their reaching, accused Kanhaiya inflicted an axe (Tanchya) blow on his head, as a result thereof, blood oozed out from} his head. Accused Dhanpal struck lathi blow on the upper part of his left elbow. He ,also sustained injury on the left palm in the course of saving himself from axe blow. Accusedranglal inflicted Barchi blow on the head of chuttan, while accused Kanhaya struck axe blow. Accused Ghasi and the lady accused also belaboured his brother Chuttan by lathis. Chuttan succumbed to injuries on the spot. The injured alleged that Neta s/o kanhaiya had also participated in the incident. According to Parcha Bayan, the incident was a result of some land dispute between the parties.
( 3 ) ON the basis of above Parcha Bayan, police registered a case vide FIR No. 127/ 93 for offence under Sections 147, 148, 149. 302, 323, 307, 324 and 452, IPC and proceeded with the investigation.
( 4 ) IN the course of investigation, police prepared site plan, Ex. P. 32 and the inquest report, Ex. P4. The police seized the bloodstained clothes of deceased Chuttan vide seizure memo Ex. P. 8 and collected bloodstained soil and control soil from the place of occurrence and preapred seizure memos exs. P. 33 and 34, respectively. Injured Ram kishan, Ganesh, Dhaniya and Mangilal were medically examined and their injury reports are Exs. P. 7, 17, 18 and 20 respectively.
( 5 ) P. W. 9 Dr. Mohan Lai Veerani conducted autopsy on the dead body. He found (i) incised wound 3 cm x. 2 cm x bone deep with fracture of right orbit at right forehead just near right eyebrow, and (ii) incised wound 2. 5 cm x. 3 cm x bone deep, right temporal region of skull with fracture of bone, right temporal. Swelling right forehead full region, full right parietal region, full left parietal region with fracture, right temporal bone of skull, fracture of right and lef parietal bone of skull. In his opinion, the cause of death of deceased was due to laceration brain head injury, injury to big brain vessels and S. Haemorrhage (severe ). The duration of death was stated to be within 24 hours.
( 6 ) DR. Veerani also examined injured Ram kishan, Ganesh, Dhaniya and Mangilal and found following injuries :1. Injured Ram Kishan: (i) Superficial Incised wound 2. 3 cm x. 2 cm x 1 cm deep on right forehead (simple by sharp) (ii) Swelling 2 cm x 2 cm on lower third right leg (simple by blunt)2. Injured Ganesh 1. Bruise 7 cm x 5 cm on upper 1 /3rd of left thigh laterally (simple by blunt)2. Abrasion 6 cm x 4 cm just above left side of umbilicus (simple by blunt)3. Abrasion 5 cm x 3 cm just above left nipple (simple by blunt)4. Abrasion 5 cm x 2. 3 cm posteriorly of right neck (simple by blunt)3. Injured Dhaniya 1. Incised wound 5 cm x. 5 cm x. 7 cm deep on right parietal region of scalp (simple by sharp)2. Incised wound 2 cm x. 5 cm x. 5 cm deep on dorsal side of left hand (simple by sharp)3. Penetrating wound. 5 cm x. 3 cm x 2 cm
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