MANOHAR LAL Vs. STATE OF H.P.

JUDGEMENT

(1.) APPELLANT is aggrieved by the judgment of the Sessions Court whereby he has been convicted of offences punishable under Sections 302, 324 and 323 IPC and sentenced as follows:

(2.) APPELLANT alongwith his mother Smt. Krodhu Devi was tried for offences punishable under Sections 302, 324 and 323 read with Section 34 IPC on the following allegations. On 19.7.2002 around Whether reporters of the local papers may be allowed to see the judgment? 7 in the evening, appellant armed with a Darat and his co-accused Krodhu Devi armed with a Danda went to the courtyard of deceased Devku Devi, which is close to their house. Appellant dealt a number of blows of Darat on the face and neck of Devku Devi, as a result of which she fell on the ground and died within 15-25 minute. A daughter-in-law of the deceased, named Seema Devi (PW-2), saw the incident from the Varandah of the upper storey of the house. She raised hue and cry, on hearing which PW-1 Balak Ram, the husband of the deceased, who was sitting in the company of one Joginder, on the rooftop, reached the spot. Several other persons, including PW-3 Rajesh Sharma and PW- 6 Praveen Kumar, also reached the spot. The appellant assaulted PW- 1 Balak Ram also and caused some injuries to him by means of Darat when he tried to rescue the deceased. Rajesh (PW-3) and Praveen Kumar (PW-6) overpowered the appellant and snatched the Darat from him.

(3.) THE doctor opined that the injuries were sufficient to cause death in the ordinary course of nature. The cause of death, as per opinion of the doctor, was excessive haemorrhage due to face injuries in which blood percolated down to trachea and larynx and caused asphyxia or respiratory blockade and consequential death.