DAYARAM LAXMAN Vs. STATE

JUDGEMENT

(1.) These two criminal appeals - Criminal Appeal No. 134 of 1951 preferred by Dayaram and No. 138 of 1951 preferred by Gopal - may conveniently be disposed of by one common judgment. They arise thus :

(2.) Misarbai a girl aged about 20 years was married to Rajaram s/o Dewa of Jagatpura. In January 1950, she went to the house of her sister who was married to Gopal of Karai Kasba. It appears that once the girl was in Gopal's house he would not let her return to her husband's house. Thereupon her husband Rajaram, along with his cousin Bhagwan Patel, his sister's husband Rajaram s/o Hira and four or five others including one Santokhsingh came to Karai Kasba in two bullock carts. They left the bullock carts at the house of Santokhsingh's brother who lived in that village. This was on the night between 5th and 6th April 1950. The next morning when Misarbai came to the river to fetch water she was seized by her husband Rajaram s/o Dewa who along with his other companions forcibly carried her away. They directed one of their companions Lalchand to bring the bullock carts which had been left behind. By the time the news of this forcible abduction of Misarbai reached Gopal and he arranged for the rescue of the girl. Misarbai's captors had taken her beyond village Nagziri which adjoins Karai Kasba. They were overtaken by a party of rescuers which included the present two appellants Gopal and Dayaram. This party consisted in all of six or seven persons. The two parties met and it is alleged that Gopal's party set upon Misarbai's captors. They threw stones on their opponents and also caused some injuries with lathis. During this clash Rajaram s/o Hira was hit with a stone on the head which though it left no external mark of injury resulted in a fracture at the base of the skull. He dropped down and became unconscious. Gopal's party succeeded in rescuing the girl. Besides Rajaram s/o Hira, Bhagwan Patel and Rajaram s/o Dewa also received some minor injuries. Misarbai's husband and his companions thereupon lifted Rajaram s/o Hira into one of the bullock carts and took him to the Police Station Balwada where a first information report of the occurrence was made by Bhagwan Patel at 3-30 P. M. the same day i.e., 6-4-1950. The report ran as follows :

(3.) After a Panchanama was prepared the dead body of Rajaram s/o Hira was sent to Burwah where an autopsy of the corpse was made by the Sub-Assistant Surgeon, Shiv Shaktilal. According to him Rajaram's death was due to coma caused by the compression of the brain.