RAM GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal by accused appellant Ram Gopal, is directed against the judgment and order dated 16.1.1997 of learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota whereby the accused appellant has been convicted under Section 302, IPC and sentenced to imprisonment for life and fine of Rs. 200/ - and, in default of payment of fine, to further undergo rigorous imprisonment for two months.

(2.) ONLY contention raised by the learned counsel for the accused appellant is that in case the evidence produced by the prosecution is taken to be correct on its face value, the case against the accused appellant does not travel beyond under Section 304 -11, IPC. In support of his contention, the learned counsel for the appellant placed reliance on the following decisions:

(3.) POST mortem of deceased was conducted by Dr. Y.K. Sharma (P.W. 16) and post mortem report is Ex. P. 9. In the post mortem report (Ex. P. 9), the doctor reported the cause of death has been due to coma as a result of ante mortem head injuries. Dr. Y.K. Sharma (P.W. 16) in his statement, stated that the head was full of blood, right temporal and parietal and left temporal and parietal bones were broken in pieces, brain was totally crushed, the frontal bone of right side was also broken and brain underneath was crushed. The doctor opined that the death has been due to coma as a result of ante mortem head injuries. All injuries were ante mortem. Both injuries jointly and severally were sufficient in the ordinary course of nature to cause death. In the cross -examination this witness categorically stated that due to injury No. 1 a person can die. As a result of injury No. 1, the brain was crushed. He denied the suggestion that injury No. 1 would have been there as a result of falling on the stone. As a result of these injuries the blood was collected in his head. From the post mortem report (Ex. P. 9) and the statements of Dr. Y.K. Sharma (P.W. 16) we are satisfied that it is a case of culpable homicide.