STATE OF RAJASTHAN Vs. KALU RAM

JUDGEMENT

(1.) This judgment shall decide the appeal No.18/1992 preferred by the State of Rajasthan and Appeal No.206/1991 preferred by the accused for assailing the judgment dtd. 26/9/1991 passed by learned Sessions Judge, Pali in Sessions Case No.21/89 whereby, the accused persons were acquitted from the charges under Sec. 302 read with Sec. 34 of the IPC and while toning down the offence to one under Sec. 304 Part-II read with Sec. 34 of the IPC, both were sentenced to five years' RI and fine of Rs.500,.00 in default of payment of fine, to further undergo six months' additional imprisonment. The trial court also acquitted the accused persons from the charges punishable under Ss. 323 IPC in the alternative 323/34 IPC, 341 in the alternative 341/34 IPC and Sec. 24 of the Cattle Trespass Act. While the State of Rajasthan has approached this Court through appeal No.18/1992 for assailing acquittal of the accused from the charges referred to supra, the accused have filed appeal No.206/1991 for assailing their conviction and order of sentence for the offence punishable under Sec. 304 Part II IPC.

(2.) Brief facts relevant and essential for disposal of the appeals are noted hereinbelow:-

(3.) The medical jurist examined Mangilal as well as the first informant Ghewar Ram for the injuries suffered by them. Shri Mangilal expired while undergoing treatment upon which, the offence punishable under Sec. 302 IPC was applied to the case. The IO recorded the statements of the witnesses. The dead body of Shri Mangilal was subjected to autopsy at the Government Hospital, Beawar at the hands of Dr.S.C. Jain who issued the postmortem report (Ex.P/19) taking note of four injuries on the body of the deceased. The head injury as well as the injury on the leg was opined to be grievous in nature. Ghewar Ram received three simple bruises and his medical report (Ex.P/6) was also prepared by Dr. S.C. Jain. The accused persons were arrested.