RAMJI LAL AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated Aug. 20, 1975 of learned Addl. Sessions Judge, Gangapur City, whereby he convicted both the accused-appellants, Ramjilal and Chiranjilal, under section 302, 34, Penal Code and sentenced each of them to suffer life imprisonment.

(2.) The facts giving rise to this appeal are that Ramdey (since deceased) was a creditor of both the appellants. They invited him to take his loans. The deceased in pursuance to the invitation went with his 'bahi' to the house of the accused. Entries were made in the 'bahi' showing the payment of appellant's debt. But, in fact, the amount was not paid, on which a verbal altercation took place between the accused and the deceased. Both the accused along with Ram Sahai, who is not before us, inflicted sharp and blunt weapon injuries on the person of the deceased. He was taken to the hospital at Karauli. After being admitted as an indoor patient, he succumbed to the injuries. Post-mortem on the dead body of Ramdev was performed by PW 1 Dr. M. P. Bhatnagar who stated that injury No. 1 individually was sufficient to cause death in the ordinary course of nature, and rest of the injuries were not sufficient to cause death, but cumulatively they could cause death of the injured. FIR, Ex. P/14, of occurrence was lodged at the Police Station Karauli on June 14, 1974, On commitment and after recording the statement of the prosecution witnesses and the accused, the learned Addl. Sessions Judge placing reliance on the statement of PW 8 Prem, son of the deceased, corroborated by the medical evidence convicted both the accused and sentenced them as mentioned above.

(3.) We are not required to deal in detail the evidence brought forth on record by the prosecution as the learned counsel for the appellants has rightly conceded, that there is ample evidence on record to hold that both these accused-appellants participated in the assault in which Ramdey sustained injuries on June 13, 1974 at the house of the accused, as a result of which be expired.