TULSABAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this petition under S. 397 read with S. 482, Cr. P.C. the petitioners have prayed for quashing of the charges under Ss. 302/34 and 307/34, IPC, framed on 18-5-1990 in Sessions Trial No. 15/1990, by First Additional Sessions Judge, Vidisha.

(2.) The two petitioners with two other co-accused, Rajesh, the son of petitioner No. 1, and Dewansingh, the husband or petitioner No. 2, have been booked for offences under Ss. 323, 324, 325, 307 and 302/34, IPC, registered as Crime No. 121/1989, by Police Station Gulabganj, District Vidisha, on a report lodged by one Bhuribai.

(3.) The case of the prosecution, in brief, is thus : On 29-11-1989 at about 11 a.m. in village Khejra, when Randhirsingh, Bhuribai's son, was stacking grass in the Kheda, co-accused Dewansingh, armed with a Farsa, and Rajesh, armed with an axe, came and objected to the stacking of the grass in the Kheda, as the Kheda belonged to them; the accused also started abusing. On it Randhirsingh asked them not to abuse; at that time Jaswant, another son of Bhuribai, came there, who also objected to the abuse, on it Dewansingh dealt a Farsa blow on Jaswant, when Randhirsingh tried to save Jaswant, Rajesh dealt an axe blow on Randhirsingh, when Laxman, another son of Bhuribai, came to save the two, Rajesh gave an axe blow on his head. Seeing that all the 3 sons have been caused injuries with Farsa and axe, the mother Bhuribai and her daughter-in-law Amarbai came to their rescue. On it, the two petitioners, who were armed with sticks, gave stick blows to Amarbai and Bhuribai and also on the 3 injured persons. In the occurrence Randhirsingh died. On autopsy the following injuries were found on his person :- Ante-mortem injuries. 1) Abrasion 2 x 1 cm., obliquely situated on left side of chest in 7th intercostal space in anterior axillary line, in the line of rib, fresh red. 2) Surgically stitched wound 12 cm. long with 11 stitches, situated on left parietal and temporal region, starting from 3 cm. above the upper part of pinna going upwards and posteriorly up to parietal eminence, underneath swelling present, margins sharply cut and not united. Temporal muscle found stitched and ecchymosed; underneath the temporal (lt.) muscle bone was missing in an area of 9 x 5 cm, involving (lt.) parietal and temporal bone, upper half of the bony hold showed nibbled out margin and lower half well defined but irregular margins, nearly rectangular in shape, directed downwards and anteriorly. From the lower margin of bony hold linear fracture lines of 4 cm, 3 cm and 6 cm, extending transversely to anterior, obliquely downwards and vertically from above downwards and posteriorly, respectively. Underneath the bone thick (5 mm.) extradural hemorrhage (clotted) present on parietal and temporal lobes in an area of 10 x 8 cm and subdural hemorrhage on temporal parietal lobes and middle cranial fossa 3-5 mm. thick, cupping effect present, temporo-parietal lobes patchy subarachnoid hemorrhage present all over on left parietal lobe and intracerebral hemorrhage (3 x 2 cm) in temporal lobe. Pachy subarachnoid hemorrhage also present on right temporal lobe. C.S.F. hemorrhagic, brain markedly edematous and congested. A rubber drain (corrugated) is also present on (It.) parietal eminence, 1 cm below the stitched wound, through a 5 cm cut in the scalp connecting the extradural space. Injuries were antemortem and sufficient to cause death in ordinary course of nature. Opinion. Death was due to cardio-respiratory failure as a result of head injuries and its complications. On medical examination of injured Jaswant-singh, Laxman Singh, Bhuribai, Amarbai and Premsingh, the following injuries were found : (1) Jaswantsingh. 1) Incised wound over right lateral head 10 cm above right ear, size 8 x 1 x 1 cm. Advised X-ray right lateral skull. Simple injury caused by sharp object On X-ray fracture of skull bone on posterior part was found. (2) Laxmansingh. 1) Incised wound over right fore-head, size 5 x 1 x 1 cm. Advised X-ray. Caused by sharp object. 2) Complaint of pain over back. On X-ray of skull - AP and Lateral view, no bony fracture was seen. (3) Bhuribai. Abrasion mark over left and back, caused by rubbing on rough surface. Simple in nature. (4) Amarbai. 1) Incised wound over left inter space index and middle finger, size 2 x 1 x 1 cm 2) Abrasion mark over left leg. Caused by sharp object, simple in nature. (5) Premsingh. Bruises on rt. and lt. shoulders. Simple.