HARLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned Sessions Judge, Bhiiwara has convicted the accused appellant under section 326, I. P. C. and sentenced him to rigorous imprisonment for 2 years and a fine of Rs. 200.00, in default of payment of fine to further suffer 2 months simple imprisonment.

(2.) In short, the prosecution story is that Harlal and Mangu are sons of Kishna and P. W. 8 Chhittar deceased was the real brother of Kishna. On 1-6-80, at about 9 p. m. Kishna and his two sons namely Harlal accused appellant and Mangu were giving beating to Kishna the father. Chhittar deceased came at the scene of occurrence to intervene and at that time it is alleged that the accused appellant Harlal who was armed with an axe gave a blow by it to deceased Chhittar and Mangu gave a lathi blow to him. The report of the incident Ex. P/1 was lodged at the Police Station Mandal District Bhiiwara. A case was registered under section 302/34 and 325 and the police after investigation filed a charge sheet in the court of Munsif and Judicial Magistrate, Mandal District Bhiiwara, who committed the case to the Sessions for trial, P. W. 5 Dr. Yogendra Kumar Arora conducted the autopsy on the dead body of Chittar on 2-6-80, as he had died a day earlier i. e. on the date of incident, P. W. 5. Dr. Yogendra Kumar Arora found only two injuries on the dead body of Chhittar.

(3.) In the opinion of the doctor, these injuries were ante-mortem and the cause of death was due to coma resulting from the head injuries Learned Sessions Judge after trial convicted the accused-appellant for the aforesaid offence whereas accused Mangu was acquitted of the charge.