2010 Supreme(Raj) 1345
RAJASTHAN HIGH COURT
Govind Mathur, C.M.Totla, JJ.
Kalu @ Kaliya & Anr. - Appellant
Versus
State of Rajasthan - Respondent
D.B.Criminal Appeal No. 16 of 2003.
Decided On : 18-03-2010
For the State: AR Nikub, PP.
Headnote:Indian Penal Code, 1860 – S. 302 Murder Appeal challenging impugned order of conviction – An appeal was made challenging the impugned order of conviction of the accused – PW8 and PW9 stated that on the date of occurrence, at about 8.00 pm., they saw accused persons pulling the deceased towards Balwadi School and told about the same to PW10 – In the next morning, the dead body of the deceased was found in Balwadi School with multiple injuries inflicted with sharp and blunt weapon – The deceased carried `Kos`, which could have been used to inflict injuries to the deceased – Also, there were contradictions in the statements of prosecution witness – It was held that the only conclusion that could be derived by taking into account all the circumstantial evidence was that the accused had committed the crime – Therefore, no interference was warranted and the appeal was thus dismissed.
Injury:-
1.Incised wound - 10 cm x 2 cm x bone deep on forehead, right side,
2.Incised wound - 5 cm x 1 cm x bone deep head over left parietal bone,
3.Incised wound - 4 cm x 1 cm x bone deep head behind left ear,
4.Abrasion - 4 cm x cm - chest over right clavide,
5.Abrasion - 2 cm x = cm - left knee,
6.Abrasion - 1= cm x = cm - right knee,
7.Lacerated wound - 2= cm x = cm x muscle deep, chest back on left side in middle.
Injury No.1, 2 3 were caused by sharp weapon and 4-7 were caused by blunt weapon, Injury No.1 and 7 were dangerous while 2-6 were simple in nature. All the injuries were within 24 hours prior to examination.
Fracture:-
1.Compound fracture of frontal bone right side above upper eye brow.
2.Fracture of 6,7,8, 9th left rib posteriorly.
Opinion:-
From above findings I am in opinion that cause of death was haemorrhagic shock as a result of multiple injuries and fractures.
2.Time since death was within 24 hours prior to postmortem examination.
3.All the injuries were ante-mortem in nature.