JASWANT Vs. STATE

JUDGEMENT

(1.) JASWANT has filed this appeal against the order of the Sessions Judge. Badaun convicting him under Section 325, I. P. C. and sentencing him for one and half years' rigorous imprisonment. The case of the prosecution in brief was that on 6-6-1968 at about 10. 30 a. m. in village Para, Police Station Dataganj, Jaswant the appellant caused injuries to Bhikam on his fore-head with a wooden spade used for scraping cow dung. The first information report of the incident was lodged at the police station Dataganj at about 11:30 a. m. As the report was deemed to be of an offence under Section 323/504, I. P. C. only a memorandum of report was taken down at the police station by the clerk constable Farukh Ahmad. Bhikam was then sent for medical examination to the Data-gani dispensary but as he did not pay the fees and did not consent to get himself medically examined, his injuries were not examined. On the basis of the memo for examination of the injuries sent from the police station, he was, however given treatment as an out-door patient and his injuries were bandaged.

(2.) ON 15th June, 1968 an oral report was lodged by Smt. Ram Kumari, the widow of Bhikam, informing that he had died. Investigation then proceeded on the basis of that report. Sri Brii Raj Singh took up investigation and after making inquest on the body of Bhikam sent it for post-mortem examination. The post-mortem examination was performed by Dr. K. C. Dubey on 16th June. 1968 at 10 a. m. He found the following ante mortem injuries on his body

(3.) ON internal examination a depressed fracture into pieces of right frontal bone in an area of l" x 1" was found. A big clot 1 1/2" x 2 1/2" in the membrane below the fracture of right frontal bone was found. Stomach was found to be empty while small intestine and large intestine were found to contain gas and faecal matter. The body had decomposed. In the opinion of the Doctor the probable time since death was 3 to 5 days. As to the cause of death he was of the opinion that it was shock and haemorrhage due to head injury.