SOBHAGMAL JAIN, J.—This appeal by the accused is directed against the judgment dated the 22nd July, 1985 of the Sessions Judge, Jalore, convicting and sentencing the accused appellant for the offence under Section 325 I.P.C. to four years rigorous imprisonment and a fine of Rs. 400/-, in default of payment of fine to further rigorous imprisonment for four months.

2. The case relates to the incident which took place on January 12,1985 at about 2-3 P.M. on the road from Odwara to Based in which Smt. Bhuri received injuries resulting in her death. According to the prosecution, Smt. Bhuri was going from Odwara to Based and when she reached near a Kair tree after covering some distance from Odwara, the accused met her on the way and caused injuries by an axe. As per the prosecution case the accused first gave a fist blow on her face and then assaulted her with the blunt side of the axe causing injuries on her lip and stomach. Smt. Bhuri raised an alarm which attracted the witnesses Girdhari Meghwal and Devi Singh. The accused then left the place and ran away. Smt. Bhuri was brought to the hospital Jalore where she was examined by Dr. R.P. Purohit Medical Officer incharge who found the following injuries on her person :-

1. Right eye is red (sub conjectival haemorrhage) in whole of the eye. simple blunt

2. Echymotes over whole of the lower lip on both sides bluish red in colour 8 cm x 1/2 cm. " "

3. Swelling (hematoma) on the right hypochondric and right lumber region marked by painful. After treatment is over "

4. C/o pain in the private part -did not pass urine last 16 hours, examined by Dr. (Mrs.) O. P. Sharma, Junior Spl. (G&E), G.H. Jalore. No evidence of any injury.

3. According to the doctor the injuries were simple and caused by a blunt weapon. The first Information Report of the occurrence was lodged by Gifdhari at Police Station. Jalore, on January 13, 1985 at i P.M. on which a case under Sections 341, and 323 I.P.C. was registered. Smt Bhuri died in the hospital on January 14, 1985 at 1 A.M. Her post-mortem examination was conducted by Dr. Purohit at 10 A.M. on the same day. In the post mortem examination report the following injuries have been noted :-

(1) contusion of the right eye (sub-conjectival haemorrhage oedenef the upper lip.

(2) bontusion with haemotoma over lower lip more marked in the right side.

(3) abdomen distended more so in the right lumber and ingnial region, extending upto hypogastric and hypo chordrim.

According to the doctor, Smt. Bhuri died of shock resulting from the injuries on her internal organs, namely, liver, kidney and intestines. After investigation the police filed a charge-sheet in the court of Judicial Magistrate, Jalore. who committed him to the court of sessions for trial for the offence under Section 302 I.P.C.

4. The Sessions Judge. Jalore, charged the accused under Section 302 I.P.C. and recorded his plea. The accused pleaded not guilty and claimed to be tried. The prosecution examined as many as 8 witnesses in support of its case, including two eye witnesses, namely, Girdhari PW 4, who is also the author of the first information report, and P.W. 6, Devi Singh. In his statement under Section 313 Cr.P.C. the accused denied having caused any injury by an axe. He however, admitted his presence at the spot. His version was that he was on his way when be met Smt. Bhuri who demanded the payment of her loan amounting to Rs. 20/-. The accused said that he would pay the same after 4 days. On this Smt. Bhuri abused him. He then gave a fist blow on her face. She fell down and he went away from there.

5. After trial, the Sessions Judge, by his judgment dated the 22nd July, 1985 convicted the appellant for the offence under Section 325 I.P.C., and sentenced him to 4 years rigorous imprisonment and a fine of Rs. 500/-, in default of payment of fine, to 4 months further rigorous imprisonment. The learned Sessions Judge has held that the prosecution had succeeded in proving, by the evidence of PW.4 Girdhari, P

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