DEV KARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal under Section 374 Cr. P. C. is directed by the accused appellants Dev Karan S/o Ram Narain Gujar, Pappu S/o Ram narain Gujar, Hazari Lal S/o Prabhu Lal Gujar, Sheoji S/o Prabhu Lal Gujar and Prabhu Lal S/o Mohanji Gujar against the judgment and order of Scissions Judge, Jhalawar in Sessions Case No. 263/1994. Under this judgment and order the learned Sessions Judge, Jhalawar had convicted the accused appellants for commission of the offence punishable u/sec. 302 r/w 149 IPC and sentenced them to undergo life imprisonment. For the commission of offence punishable u/sec. 148 IPC they have been convicted and sentenced to undergo one year rigorous imprisonment. For the offence punishable u/sec. 323 IPC they have also been convicted and sentenced to undergo six months rigorous imprisonment. All the sentenced are ordered to run concurrently.

(2.) WE find from the record of the appeal that except the accused appellants Dev Karan and Hazari other accused have been enlarged on bail and learned counsel for the parties are in agreement that these accused appellants are on bail.

(3.) POST-mortem of the body of deceased Radha kishan was conducted by Dr. G. S. Chauhan PW-4, Medical Jurist, SRG Hospital, Jhalawar. POST mortem report is also marked as Ex. P-4. As per this report the cause of death is head injury due to depressed fracture of left parietal bone. The injuries which were found on the body of the deceased are:- Injuries- natural; exact position and measurements including direction especially in incised wounds; 1. Stithced would 1-1/4x long stitches removed lacerated would bone deep. Over left parietal part of head. 2. Stitched would 1-1/2" x long stitches removed lacerated bone deep over Rt. parietal part of head. 3.Bruise (Bluish black) 2-1/2" x 1 post lat. aspect of left arm. 4. Abrasion - 1/4" x 1/8" ant. aspect of (Dark red) Rt. ankle.