KESHAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal by the complainant Smt. Keshar arises out of the judgment and order dated 01.11.2011 passed by learned Sessions Judge, Dungarpur recording conviction of accused- respondents for culpable homicide not amounting to murder under Section 304 Part-II I.P.C. and awarding sentence to undergo seven years' rigorous imprisonment with a fine of Rs.5000/-. In the event of default in payment of fine, further to undergo three months' simple imprisonment. The appeal is barred by limitation from 51 days, thus, an application as per provisions of Section 5 of Limitation Act is also preferred. Learned counsel for the accused-respondents is having no objection if the delay caused is condoned. Accordingly, the application is allowed, the delay in filing the appeal is condoned. With the consent of learned counsel for the parties and learned Public Prosecutor the appeal is heard finally today itself.

(2.) THE short case of the prosecution, inter alia is that on 22.6.2011 at about 5:00 pm accused Lal Shankar and Harish were quarelling with Mohan Ram, a neighbourer of deceased Suraj Mal. With the intention to disburse the quarelling parties, Suraj Mal intervened but he was slapped and pushed by Lal Shankar and Harish, consequently he fell down and suffered a head injury. Smt. Keshar, the appellant, made a report of the incident at Police Station, Vardha on which a case was lodged against the accused-respondents for the offences punishable under Sections 447, 323 and 504 I.P.C. During the course of treatment injured Suraj Mal died on 01.7.2011, thus, investigation for offence punishable under Section 302 I.P.C. was also initiated. A police report then was filed before the competent court and the case was committed to the Court of Sessions. Learned Sessions Court charged the accused- respondents for the offences described under Sections 447, 504 and 302 I.P.C. and on denial of the same, the trial commenced. The prosecution supported its case with the aid of 15 witnesses including eye-witnesses Smt. Keshar (PW-1), Jayanti lal (PW-4), Mohan Ram (PW-5), Shankar Lal (PW-9) and Jagdish (PW-13). The statements of Dr. Tarun Kumar (PW-10) and Dr. Manish Bajaj (PW-11) who treated the deceased too were recorded. Dr. Govind Gupta (PW-6), who conducted autopsy on the person of deceased was examined as PW-6. An opportunity was given to the accused-respondents to explain the adverse circumstances available in the prosecution evidence, wherein the accused-respondent Harish pleaded alibi whereas accused-Lal Chand termed the entire case as false and concocted. In defence statements of DW-1 Harish Chandra and DW-2 Moti Lal were recorded. After recording the entire evidence, the trial court acquitted the accused-respondents from the charge pertaining to offence under Section 302 I.P.C. but recorded conviction for the offence described under Section 304 Part-II I.P.C. and sentenced them accordingly.

(3.) HEARD learned counsel for the parties. From perusal of facts averred in the judgment impugned it reveals that PW-1 Smt. Keshar stated that in the evening of 22nd June, 2011 Lal Shankar and Harish were quarelling with Mohan Ram and Jayanti. Her husband Suraj Mal intervened and tried to stop the accused-respondents from uttering abusive words. The accused persons then gave fist blows to Suraj Mal, consequentially he fell down. Mohan Ram, Jayanti, Jagdish and Champa then carried Suraj Mal to his house and then to Dungarpur Hospital. He remained indoor patient at the Hospital for 2-3 days. Suraj Mal then was taken to Udiapur for treatment, where he stayed for 5-6 days. On 30th of June he returend to his native place and on 30th July he died. PW-4 Jayanti Lal stated that on 22.6.2011 at about 5:00 pm he and his father were at their floor mill. Accused Lal Shankar and Harish came there and started quarelling with them. Deceased Suraj Mal, uncle of this witness came at the spot of occurrence and intervened in the matter. Accused Harish then gave a fist blow and also gave certain blows by foot. Deceased Suraj Mal then fell down and was taken to Dungarpur Hospital. After 2-3 days injured Suraj Mal was taken to Udaipur, wherefrom he was again brought to Dungarpur. On 01.7.2011 he died.