MOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the order of conviction dated 14.3.1985 passed by the learned Sessions Judge, Pali in Sessions Case No. 7/84 whereby, the learned Judge has convicted the accused under section 304(2) and sentenced him for three years R.I.

(2.) With the assistance of the learned counsel for the accused and the learned Public Prosecutor for the State, I have scrutinised the record and reappreciated the evidence on record.

(3.) The prosecution story as it emerges from reappreciation of the evidence is that; on 17.10.1983 PW 1 Udai Ram lodged a report at Police Station Pali to the effect that his uncle Hanuman Ram was residing in Pachpadara and his general shop was situated in Mundia Road. On 17.10.1983 at 8.00 p.m. when PW 1 Udai Ram, PW 3 Prahlad and PW 4 Achala Ram were sitting at the shop of Achala Ram, at that time, PW 2 Suleman Teli came there and informed that Hanuman Ram was assaulted by someone, thereupon PW 1 Udai Ram, PW 3 Prahlad and PW 4 Achala Ram ran towards the shop of deceased- Hanuman Ram and saw that accused-Mohan Lal had beaten the deceased-Hanuman Ram by sitting on his stomach by fist and they resuced him. The deceased was unconscious at the time when they rescued him. The accused ran away from the scene of offence. Due to unconsciousness, the deceased was not in a position to speak and he vomited himself. Thereafter Udai Ram, Prahald and Achala Ram took the deceased to Hospital by a tempo where Doctor said that he is died, thereupon they took the deceased back. Since some money was due from Girdhari, the brother of deceased, therefore, skirmish was occurred between both of them.