The court established that intention and the severity of injuries are critical in distinguishing between murder and culpable homicide.

JUDGMENT

Sandeep Mehta, J. - The appellants herein have preferred the instant appeal under Section 374 (2) Cr.P.C. being aggrieved of the judgment dated 29.03.2019 passed by learned Addl. Sessions Judge No.1, Parbatsar, District Nagaur in Sessions Case No.11/11 (CIS No.102/14) whereby the appellants have been convicted and sentenced as below:-

Brief facts relevant and essential for disposal of the instant appeal are noted hereinbelow:-

Suresh (PW.7) lodged a written report (Ex.P/7) to the SHO PS Gachchhipura District Nagaur on 10.01.2011 alleging inter alia that on the previous day in the afternoon at about 2-3 pm, a dispute flared up on account of discharge of water from an outlet. In this process, Om Prakash and Asuram, sons of Kishana Ram and Baduri, wife of Kishana Ram trespassed into their house and started assaulting them with lathi, sword and axe. The informant, his grandmother and his grandfather were all beaten up. His grandfather received a significant injury on his head. The accused persons also snatched a sum of Rs.20,000/- and a gold ring during the melee. A hue and cry was raised on which, Ghanshyam and Manohar came around and saved them. On the basis of this report, FIR No.07/2011 (Ex.P/8) came to be registered at the Police Station Gachchhipura, District Nagaur for the offences punishable under Sections 341, 323, 324, 392 and 307 IPC and investigation was commenced. The injuries of Bhanwarlal (Grandfather of the first informant) were examined by Dr. Sagir Ahmad (PW.9) who issued the medico-legal report (Ex.P/9) wherein, the following injuries were noticed:-

(1) Lacerated wound 4 x 1/4 inch x bone deep on the middle of the head.

(2) Lacerated wound 2 x 1/2inch x bone deep on the backside of the head.

The doctor did not take note of any abnormality in the vital signs of the injured. No complaint of vomiting etc. was noticeable when he was examined.

Shri Bhanwarlal passed away on 10.01.2011 and his dead body was subjected to autopsy at the J.L.N. Medical College & Hospital, Ajmer by Dr. Nandlal (PW.10) who, prepared the post- mortem report (Ex.P/10) wherein, the following injuries were noticed:-

1. Stitched wound 8 cms long associated with swelling on the vertex of the head.

2. Stitched would 4 cms long associated with swelling on the occipital region of the head.

3. Hematoma 6 x 4 cms on the left fronto-parietal region On dissection of the head, hematoma was noticeable on the left fronto-parietal vertex and occipital regions. The doctor however, did not notice any fracture under the external injuries. No direct damage was noticed on the brain. Subdural hematoma was noticed on the entire surface of the brain which was congested. The medical jurist opined that the above injuries were ante-mortem in nature. The injuries Nos. 1 & 2 were collectively and individually life threatening and sufficient to cause death. The usual investigation was undertaken. The accused persons were arrested. Recovery of lathi was effected at the instance of the accused Om Prakash. A sword was recovered from the accused Asuram. Finally, a charge-sheet came to be filed against the accused appellants and Asuram for the offence punishable under Section 302 read with Section 34 of the IPC. The case was committed to the Court of Addl. Sessions Judge No.1, Parbatsar for trial where charges were framed against the accused in these terms. They pleaded not guilty and claimed trial. The prosecution examined as many as 17 witnesses, exhibited 27 documents and 7 articles to prove its case. Upon being questioned under Section 313 Cr.P.C. and when confronted with the circumstances appearing against them in the prosecution evidence, the accused denied the same, claimed to be innocent and stated that