DHARAM PAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) I have perused the judgment prepared by my learned brother Hon'ble Justice Jain. I am in entire agreement with him that this appeal must succeed. However, I would like to state briefly the salient features of the case, which persuade me to concur with my brother.

(2.) THERE is absolutely no doubt that on 6-11-82, an incident did take place at about 5 p. m. at which deceased Hari Ram received a gun shot injury and in consequence thereof he breathed his last on 7-11-82 at about 7. 15 a. m. in the Government Hospital at Sri Ganganagar. In this very incident, P. W. 1 Bhanwa Lal received two simple injuries by blunt object and two simple injuries by some sharp object (vide injury report Ex. P. 20 ). Also injured in this incident was P. W. 2 Krishna, who received four simple injuries by blunt object, one grievous injury by sharp object and one simple injury by sharp object (vide injury report Ex. P. 19),

(3.) THE prosecution story further is that Dr. R. K. Gupta conducted autopsy on the dead body of Hari Ram on 7-11-82 at 11. 30 a. m. and found one entry wound l"x3/4"x muscle deep. Pieces of wad were found embedded in this wound, which was surrounded by numerous entry wounds in an area of 7" x 4-1/2". He found as many as 18 wounds of exit. He recovered 20 pallets from these wounds. Beneath the wound, he found that arteries and veins in the delt-oid region had been lacerated and left numerous bone had been fractured. According to him, Hari Ram died due to shock and haemorrage as result of this injury which was ante-mortem in nature and was sufficient to cause death in the ordinary course of nature. Dr. R. K. Gupta also examined the injured Krishna and Banwari Lal and prepared injury reports Ex. P. 19 and Ex. P. 20. Usual investigation was made, a pistol was recovered at the instance of Shankar two kassis were recovered, one each at instance of Sat Pal and Krishna. Some other recoveries were also made, and the statements of witnesses were recorded. Upon such story, as stated already all the four accused were tried as aforesaid but participation of Sat Pal and Krishna was not found established, hence they were acquitted. However, the present appellants were held guilty as stated above.