MOTI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) AS many as 8 accused were put up on trial before the learned Additional Sessions Judge Sambhar Lake, Jaipur Distt. in Sessions Case No. 18/94. The learned trial judge, acquitted one accused Suraj Mal but convicted and sentenced the seven appellants vide its judgment dated July 18, 1996 as under:- 1. 2. Phool Chand Moti Lal U/s. 302/149 IPc Life Imprisonment with fine of Rs. 20,000/- in default to further undergo six months SI. U/s. 148 IPC. One Year RI with fine of Rs. 2000/- in default to further undergo one month SI. U/s. 324 IPc Six months RI with fine of Rs. 2000/- in default to further undergo one month SI. U/s. 323/149 IPc Three months RI with fine of Rs. 1000 in default to further undergo 15 days SI. U/s. 341 IPc 15 days RI with fine of Rs. 500/- in default to further undergo 7 days Si 3. Nanda @ Nand Kishore U/s. 302/149 IPc Life Imprisonment with fine of Rs. 10,000/- in default to further undergo four months Si U/s. 148 IPC. One Year RI with fine of Rs. 2000/- in default to further undergo one month SI. U/s. 324 IPc Six months RI with fine of Rs. 2000/- in default to further undergo one month SI. U/s. 323/149 IPc Three months RI with fine of Rs. 1000 in default to further undergo 15 days SI. U/s. 341 IPc 15 days RI with fine of Rs. 500/- in default to further undergo 7 days Si 4. 5. 6. Sua Lal Anna Ram Nanuram U/s. 302/149 IPc Life Imprisonment with fine of Rs. 10,000/- in default to further undergo four months Si 7. Om Prakash U/s. 148 IPC. One Year RI with fine of Rs. 2000/- in default to further undergo one month SI. U/s. 324/149 IPc Six months RI with fine of Rs. 2000/- in default to further undergo one month SI. U/s. 323/149 IPc Three months RI with fine of Rs. 1000 in default to further undergo 15 days SI. U/s. 341 IPc 15 days RI with fine of Rs. 500/- in default to further undergo 7 days SI.

(2.) THE said judgment has been assailed by the appellants in the instant appeal. During the pendency of the appeal, the Superintendent Central Jail, Jaipur vide letter dated May 29, 1998 intimated that the appellant Sua Lal son of Narain died on May 24, 1998. In view of the said intimation the appeal of Sua Lal stands abated and proceedings against accused Sua Lal are ordered to be dropped.

(3.) FROM the postmortem report Ex. P. 20, it is revealed that deceased Gyan sustained following 19 injuries and he died on account of hemorrhagic and traumatic shock due to cumulative effect of the said injuries: 1. Antemortem abrasion 6cm. x 4 cm. left palm red colour. 2. Stab wound 2. 5 cm. x. 8 cm. x muscle deep (4 cm.) 13 cm. below and lateral to left anterior superior iliac spinal (antemortem ). 3. Antemortem stab wound 2. 5 cm. x. 7 cm. x muscle deep (4 cm.) from skin) 13 cm. below injury No. 2 (Antemortem ). 4. Antemortem stab wound 2. 5 cm. x. 7 cm. x muscle deep (5cm. from skin) middle of left thigh lateral aspect. 5. Antemortem abrasion 3cm. x 5cm. left patella- red colour. 6. Antemortem abrasion 1 cm. x 1 cm. left tibial tuberosity (Red ). 7. Antemortem laceration 1 cm. x 1 cm. x SCT deep, 4 cm. below injury No. 6. 8. Antemortem laceration 2cm. x 1/2 cm. x CCT deep, 10 cm. below injury No. 7. 9. Antemortem abrasion 1 cm. x 1 cm. Rt parietal (Red colour ). 10. Antemortem laceration 2cm. x 1/2 cm. x SCT deep, Rt. tibial tuberosity. 11. Stab wound (Antemortem) 1/2 cm. x 7 cm. x ms. deep, Antero (1/2 cm. from skin lateral, aspect Right leg 6 cm. below and outward from injury No. 10. 12. Antemortem abrasion 5cm. x 3 cm. Right palm. 13. Stab wound (Antemortem) 2. 5 cm. x 7 mm. x muscle deep (5cm. from skin) on upper 1/3 of Back of left thigh. 14. Antemortem abrasion 2cmx1cm. lateral aspect upper 1/3 of lt. leg. 16. Antemortem stab wound 2. 5 cm. x 7 mm. x muscle deep (3cm. from skin) outer aspect, upper and left fore arm. Injuries 16 to 19 are described, after internal examination and external examination and are elliptical, directed left up and outwards. 16. Antemortem stab wound 2. 5 cm. x 7mm. and cutting the thorax wall through and through, cutting pleurae and then puncturing left lung upto depth of 4cm. On left back 1 cm. to left of 78 spinal. The intercostal vessels also cut. 17. Antemortem stab wound 2. 5 cm. x 7 mm. x cutting the Post thoracic wall. Intercostal vessels and plura and left lung upto depth of 3 cm. This injury is 5 cm. below and left to injury No. 16. 18. Antemortem stab wound 2 cm. x 7 mm. x cutting post thoracic wall. Intrercoastal vessels and left pluera. It is 5 cm. below and left to injury No. 17. 19. Antemortem stab wound 2. 5cm x 7 mm. & cutting post thoracic wall and Intrercoastal vessels and it. pluera. It is 7 cm. to left of injury No. 17.