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2008 Supreme(Raj) 120
Rajasthan High Court, Jaipur Bench
Honble SHIV KUMAR SHARMA, J. Honble R.S. CHAUHAN, J.
Heera Lal & Others - Appellant
Versus
State of Rajasthan - Respondents
D.B. Criminal Appeal No.1473 of 2002
Decided On : January 23, 2008
A.K.Gupta, Rinesh Gupta, Harsh Saini, Vaibhav Gehlot and Sunita Khatri, for Appellants; Ashwini Sharma, Public Prosecutor, for State;
Headnote:Penal Code, Secs. 302/149, 323 – The occurrence started at the spur of moment – The injury which proved to be fatal was not attributed to anyone of the accused – The accused who inflicted one injury on the head of deceased was not responsible for other fatal injuries – Held – The accused could not be held responsible for the other injury which was inflicted with blunt weapon and proved fatal – The injury attributed to appellant by itself was not sufficient in the ordinary course of nature to cause death – The offence comes u/S. 325 IPC.(Paras 9 to 13) Appeal partly allowed.
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Ram Kalyan and Brij Sunder u/s.302 IPC and Heera Lal, Sita Ram, Daya Ram and Lala:
U/s.302/149 IPC:
Each to suffer imprisonment for life and fine of Rs.1000/-, in default to further suffer simple imprisonment for three months.
U/s.148 IPC:
Each to suffer simple imprisonment for one year and fine of Rs.500/-, in default to further suffer simple imprisonment for one month.
U/s.323 IPC:
Each to suffer rigorous imprisonment for six months and fine of Rs.500/-, in default to further suffer simple imprisonment for one month. Substantive sentences were ordered to run concurrently.
(2). It is the prosecution case that Chanda Ram ASI Police Station K.Patan (Pw.23) on August 13, 1991 at 3.30 PM recorded parcha bayan (Ex.P-3) of injured Gajraj Singh (Pw.3) at Govt. Hospital, wherein he stated that on the said day around 12- 12.30 PM while he along with Akheraj and Dheer Singh were going to the field and reached near Gopalji temple, they were belaboured by Suraj Prakash, Brij Sunder, Onkar, Heera Lal, Ram Kalyan, Lala and Daya Ram, who were armed with Gandasi, Ballam, Dharia and lathis. Blows were inflicted by Suraj Prakash with dharia, Brij Sunder with Ballam and Ram Kalyan with lathi on the head of Akheraj Singh, as a result of which Akheraj Singh fell down and blood started oozing out. Dheer Singh was given beating by Suraj Prakash, Brij Sunder, Lala, Onkar and others. Injured Gajraj Singh was also received injuries while he made attempt to intervene. The incident was witnessed by Shambhu Goswami, Dwarka Lal Koli and Shiv Raj Singh. While injured were taken to the hospital, Akheraj Singh succumbed to his injuries on the way. On that Parcha Bayan case under sections 302, 307, 323, 147, 148 and 149 IPC was registered and investigation commenced. Autopsy on the dead body was performed, necessary memos were drawn, statements of witnesses were recorded, appellants were arrested and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No.1 Bundi. Charges under sections 302, 302/149, 148, 307, 326, 307/149 and 323 IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 27 witnesses. In the explanation under Sec.313 Cr.P.C., the appellants claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated above.
(3). Having given our anxious consideration to the submissions advanced before us we notice that death of Akheraj Singh was homicidal in nature. A look at Post Mortem Report (Ex.P-1) reveals that following ante mortem injuries were found on the dead body:-
1. Lacerated wound 5" x 3/4" x bone deep in mid segital plain on anterior parietal region.
2. Lacerated wound 2" x 3/4" x bone deep oblique on Rt. anterior parietal region of head.
3. Lacerated wound 2" x 3/4" x bone deep on Rt. lateral parietal region. In the opinion of Dr. Prabhakar Vijay (Pw.9) the cause of death was Coma as a result of head injury.
(4). We also notice that Dheer Singh (Pw.21) vide injury report (Ex.P-4) received following injuries:-
1. Incised wound 3.5 x .5 x .5cm above right eye brow.
2. Incised wound 3 x .5 x .5cm above right ear at temporal region.
3. Bruise oblique 11 x 6cm maxillary eminence to temporal region of left side.
4. Bruise 5 x 4cm at right maxillary eminence
5. Abrasion 3 x .5cm at medial aspect of upper part of right forearm.
6. Bruise 6 x 3cm at dorsal aspect of right hand.
7. Incised wound 10 x 3 x 4cm at dorsal aspect of right foot anterior to ankle joint.
8. Incised wound bone deep 5 x 2cm posterior aspect of right ankle joint.
9. Incised wound 7 x 2.5 x 2cm a
