PHULA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant has been convicted for the offence Under Section 302, IPC and sentenced to imprisonment for life and a fine of Rs. SCO/ -. In default of payment of fine, he has been ordered undergo RI for three months. He has also convicted for the offence Under Section 449, IPC and sentenced to six months RI Both sentences have been ordered to run concurrently. Against this conviction and sentence be has preferred this appeal.

(2.) THE facts of the case may be mentioned briefly because there is no much dispute about the same. The deceased in this case is Bhanwar Lal and he has three other brothers. The accused and the deceased and his brothers bad some money transactions and the dispute arose because accused -appellant demanded some money, which was not given to him. At 6.00 a.m. on May 12, 1983, the accused went to the house of the deceased Bhanwar Lal and while he was lying on the cot he inflicted injuries by knife. The brother of the deceased P.W. 5 Macgilal, lodged a report, while Bhanwar Lal was admitted in the Bhinmal Hospital. On the basis of this report a case was registered at Police Station, Bagoda. Even before the registration of the case, the accused himself reported at Police Station, Narsana, along the knife which he had used in causing injuries to Bhanwar Lal. Bhanwar Lal was examined by P.W. 7 Dr Mohan Lal at Bhinmal and he found the following injuries on the person of Bhanwarlal:

(3.) THE same day, i.e. May 12,1983, Bhanwar Lal was shifted to Mahatma Gandhi Hospital, Jodhpur. He remained admitted as a patient as Jodbpur Hospital upto May 18,1983. The doctors who treated him of Jodhpur have not been examined as witnesses by the prosecution. As the condition of Bhanwar Lal was not improving, his brother Mangi Lal took him to Bombay at his own request and on 18th May, 1983 be was admitted to HKL Hospital at Bombay. Here an operation was performed. Bhanwar La) died on 19th May, 1983.