MAHESH CHANDRA Vs. SLATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Mahesh Chandra was convicted and sentenced under section 302 Penal Code to imprisonment for life by Addl. Sessions Judge, Dholpur in sessions case No. 56/87 vide his judgment dated March 21, 1988. The remaining three co-accused, namely, Santoshi Ram Bharoshi and Nahar Singh were acquitted from all the charges. The appellant Mahesh Chandra was also acquitted from the charge under section 323 Penal Code for causing simple injuries to PW. 4 Radheysham.

(2.) The prosecution case is that the appellant Mahesh Chandra gave slaps to Mukesh as he had suspicion on him for having committed theft of his grams from his field. Mukesh's father Ram Snehi came running at the place of occurrence and he grappled with the appellant. It is further alleged that P.W. 2 Ramlaxman and P.W. 3 Ramgyan, who are the real brothers of Ram Snehi, also came to the place of occurrence after hearing the noise. Similarly P.W. 1 Smt. Sheetal wife of Ram Snehi, PW. 4 Radheshyam son of Ram Snehi, PW. 5 Subedar, PW 6 Bhure and PW. 12 Bahadur also came there in the field of Chote Lal where Ram Snehi and the appellant were grappling with each other. The prosecution story further goes that the co-accused Santoshi, Ram Bharoshi and Nahar Singh also arrived there and they asked the appellant Mahesh Chandra to assault Ram Snehi. Mahesh Chandra is said to have inflicted two blowes with a spade from its reverse side causing injuries on the head and leg of Ram Snehi. PW. 4 Radheshyam is also said to have been assaulted by the appellant. As per the prosecution story, the accused persons, thereafter, ran away, and Ram Snehi was taken to hospital at Rajakhera where his injuries were examined by PW. 8 Dr. N.S. Sareen. However, the condition of Ram Snehi deteriorated, as such, he was shifted to Agra where he died at 1.00 A.M in the night.

(3.) A report of the incident was lodged by Ramlaxman (PW. 2) at police station Pinahat (Agra) on Feb, 24. The said report was transmitted to police station Rajakhera as the incident related to that police station. At Rajakhera crime No. 28/85 was registered under section 302 Penal Code on Feb. 25, 1985. The post mortem of the dead body of Ram Snehi was conducted by Dr. S.K. Khare (CW-1), who was Medical Officer in ESI Hospital to Agra. The postmortem report is Ex. P 16.