VIJAY BAHADUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this judgement dated the 13th April, 1968, the learned Additional Sessions Judge, Dholpur has convicted Vijai Bahadur, Editor of 'Bedharak', for the murder of Surajbhan, Editor of 'Lal Nishan', and sentenced him to a term of imprisonment for life and further to two years rigorous imprisonment for possesssing an unlicensed revolver. Aggrieved by that judgment. Vijai Bahadur appeals and the State prays for the enhancement of his sentence of life imprisonment to one of death.

(2.) IN the town of Bharatpur two news papers 'Lal Nishan' and 'Bedharak' were edited by Surajbhan and Vijai Bahadur respectively. The relations between these editors were clearly inimical and through the medium of these papers they expressed their deep hostility against one another in unmistakable, if also in equally unedifying, language.

(3.) FROM the evidence of Dr. B. P. Jangid PW 18 Medical Jurist in the General Hospital, Bharatpur, it is proved that he performed the postmortem examination of Surajbhan (32) on 26 -4 -1966 at 7 -30 A.M. His death had occurred within 24 hours. He had; (1) oval wound 1' X ' muscle deep on the right anterior axillary line 3' above the cartal margin. The direction of the wound was upward. After X -Ray a bullet was recovered on dissection (2) Circular wound of half inch diameter and chest cavity deep on the back of chest, 1' - -away to the left of the vertebral column ( wound of entrance) at the level of 8th rib which was fractured. Dissection of the wound showed the track of the wound to pass through the lower lobe of the left lung, then ruptured the left ventricle of the heart and came out through the abdominal wall below the last sterne -costal junction on right side. The size of the wound was 1' X '' ( Wound of exit ). Margins of the wound on posterior side Were inverted and those on the anterior side were uverted (3) Circular wound of 'diameter and thoracic cavity deep with inverted margins below the junction of last left rib and, the sternum. The dissection showed the track of wound to pierce the diaphragm and coming out through a wound 1' X ', 1' below and lateral to the entrance wound of injury No. 2. The margins of the Wound were everted. (4) Circular wound of ' diameter and chest cavity deep 1' below, lateral to the entrance wound of injury No. 3 the margins were inverted. The track of the wound was directed upwards, laterally and posteriorly. Bullet No. 3 as shown in X - -Ray film was removed from the wound. (5) Circular wound ' X ' by muscle deep on the left side of the vertebral column, 2' away from it, at the level of 5th rib. Dissection of the wound was done and bullet No. 4 as shown in X -Ray film was removed. The direction of the wound was irregular and the margins were inverted (6) Circular wound of ' diameter and addominal cavity deep on the mid -axillary line on left side below the costal margin with inverted margins. The dissection of the wound led to the left kidney, rupturing it at the upper pole. Bullet No. 5 as shown in X -Ray film was taken out from the site.