KANHAIYALAL SEWARAM Vs. STATE

JUDGEMENT

(1.) THE appellant Kanhaiyalal and his son Ramlal (who is only 17 or 18 years old) have been convicted by the learned Additional Sessions Judge, Shajapur, under Section 304, Penal Code and have been sentenced to- five year's rigorous imprisonment each. '

(2.) THE prosecution story in brief is that on 10-7-1952 in the noon, in a field in village Patlaoda P. S. Shu Jaipur, District Shajapur, both the accused approached Siddu who was working there, Kanhaiyalal had an axe with him and gave a blow on the head of Siddu with the blunt side of the axe. Ramlal appellant had a 'pirani' (bamoo stick, sometimes with an iron blade) and gave a blow to the deceased with it. It is alleged that the deceased Siddu had beaten Kanhaiyalal's son Moti in the morning and so these two accused had gone to the field to take revenge from him. Siddu died then and there. A 'post-mortem' was performed next day i. e. , on 11-7-1952 in Shujalpur by Dr. Lajpatrai P. W. 1 who deposed that Siddu had two external injuries only. The first injury was contused wound 1 1/2" x 1/4" on frontal region of the scalp and 2 inches deep, but the injury did not reach the bone. The next injury was contusion 8" x 3/4" vertical on back of lower part of chest. The doctor was of opinion that Siddu was very weak otherwise he would not have died as a result of these injuries. According to him the death was the result of shock and haemorrhage due to rupture of spleen and concussion of brain, which could have occurred due to his falling on the ground.

(3.) AT the time when the two appellants are alleged to have given blows on the body of the deceased, Siddu, only two persons were present in the field and these are cattle grazers, Rama P. W. 2 and Madhva P. W. 16. The first information report was lodged by the wife of the deceased, Nadan Bai P. W. 13, on 11-7-1952 at 8 P. M. , though the distance of the scene of occurrence from Police Station Shujalpur is hardly 5 miles. In this report the names of the two accused had been mentioned.