MOHAN SINGH AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal arises out of a judgment of the learned Sessions Judge, Kota dated 8th June, 1981, whereby the accused appellants Sohan @ Makaria has been convicted under Sec. 302 Penal Code and sentenced to imprisonment for life and a fine of Rs. 200.00, in default of payment of fine to further undergo rigorous imprisonment for two months and Mohan appellant has been convicted under Sec. 302/34 Penal Code and sentenced to imprisonment for life and a fine of Rs. 200.00 in default of payment of fine to further undergo rigorous imprisonment for two months.

(2.) It would not be necessary to give detailed facts of the case as the learned appellants has conceded the participation of the accused appellants in the commission of the crime. We have also gone through the record of the case and have also perused the judgment of the learned Sessions Judge. The prosecution case in brief is that on 15th Dec., 1979 at about 1.30 P.M. the accused appellants met Sattoo deceased near Baori Mohalla. After some altercation between them, both the accused persons started hurling and beating Sattoo with stones of sufficiently big size. Ramdhani PW 6, a girl of 7 years, saw the incident and went crying to her father PW 1 Bhanwar Lal and told him that the accused persons were beating Sattoo. PW 1 Bhanwar Lal than came out of his house and saw that Sattoo was lying flat on the ground near Chabutra of Babu Harijan on the main road and the accused persons were having big stones in their hands. As soon as Bhanwar Lal reached on the spot the accused persons inflicted blows on the head of Sattoo by stones and by the time he reached near Sattoo, the accused persons fled away. Sattoo was lying unconscious. Thereafter Chhitar PW 3 put Sattoo on a cot and at that time blood was oozing out of the mouth and ear of Sattoo. Bhanwar Lal PW 1 then filed an oral report in Police Station, Kotwali, Rampura, Kota at 2 p.m. vide Ex. A1. In FIR Ex. A1 it was also mentioned that the cause of inflicting injuries on Sattoo was an old family fud and litigation between the parties. By the time Sattoo was taken to the hospital in a jeep, he was declared dead. On conducting post-mortem examination of deceased Sattoo by PW. 9 Dr. M. M. Misra following injuries were found: on the body of the deceased:

(3.) During the trial PW 1 Bhanwar Lal, PW 2 Babu @ Tunda, PW 13 Chhitar Lal and PW 6 Ramdhan were examined as eye-witnesses of the incident. Out of these 4 witnesses PW 2 Babu and PW 13 Chhitar Lal did not support the prosecution story and were declared hostile. However, PW 1 Bhanwar Lal and PW 6 Ramdhani supported the prosecution case and except few minor inconsistencies in their statements, their statements were consistent and supported the prosecution case. The learned Sessions Judge placed reliance on their statements and arrived at the conclusion that the head injury was inflicted by Sohan accused and the injury on the face was inflicted by accused Mohan. According to Dr. M.M. Misra PW 2 injuries Nos. 5 and 6 were sufficient jointly and individually to cause death of the deceased Sattoo. We have also gone through the evidence of PW 1 Bhanwar Lal and PW 6 Ramdhani and from their statements it is clearly proved that both the accused persons had inflicted injuries on head and face of the deceased, which were found on the body of the deceased in post-mortem examination conducted by PW 9 Dr. M.M. Misra. There can be no manner of doubt that the aforesaid injuries were inflicted on the vital parts of the body and were sufficient in the ordinary course of nature to cause death of deceased Sattoo.