BHAGWANT SINGH KASHIRAM SINGH Vs. STATE

JUDGEMENT

(1.) THE Appellant Bhagwantsingh son of Kashiramsingh resident of village Amlipura was convicted and sentenced by the Second Addl -Sessions Judge Morena under Section 302, Indian Penal Code to undergo rigorous imprisonment for life. He has appealed against his conviction and sentence.

(2.) IN his statement under Section 342, Code of Criminal Procedure the present Appellant stated that he had gone to his own field known as Neemwala field with meals for Vidhyaram. On arriving there he found his other son Arjunsingh lying wounded with Malkhan, Laladhar, Harbilas, Ganpat, Sultan and Pejram standing nearby armed with sword; Matola and Pancham were also standing there armed with 'fareas'. When the present Appellant declared that he would take his son to the police station and lodge a report about the incident, he was attacked by Bharatsingh, Ganpat, Banwarilal and others. According to the present Appellant this incident took place on the boundary line between the Neemwala and Mahidawala fields. He further pleaded that as a result of injuries caused to him by Bharatsingh and Banwarilal with sticks and Ganpat -eingh with a sword, he fell down and became unconscious. The Appellant stated that he did not know what took place thereafter. The Appellant did not adduce any evidence in support of his version.

(3.) THE medical evidence discloses that the injury on the left -hand side of Parmal's head was about 51/2" long. It is highly probable that it was caused with a weapon having a long blade, like a sword. The other injury on the right side of Parmal's head was tapering at both ends and was only 2 1/4" long. It could, therefore, be caused by a weapon having a small blade like a 'farsa'. The medical evidence in this case, is therefore, to say the least, not inconsistent with the direct testimony.