MOHD HANIF Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SINCE these two appeals arise out of the judgment in Sessions case No. 10/94, therefore, both the appeals are being decided by a common judgment.

(2.) THE aforementioned two appears under Section 374 Cr. P. C. arise out of the judgment of conviction and order of sentence dated 19. 11. 1999 passed by the Special Judge (Communal Riots Cases/man Singh Murder Case), Jaipur whereby the learned trial Judge convicted the four appellants for offence under Sections 302, 120-B IPC and sentenced each of them to undergo life imprisonment and to pay fine of Rs. 5000/- each. In default of payment of fine to further undergo simple imprisonment for one year.

(3.) THE post mortem on the dead body was conducted by PW 19 Dr. H. L. Bairwa, who prepared the post mortem report Ex. P. 23. On dissection of body the Doctor found 7 injuries. All the injuries were found to be ante-mortem in nature. In the opinion of Dr. H. L. Bairwa the cause of death was shock and hemorrhage brought about as a result of injuries to vital organs. Dr. Bairwa noticed injury No. 7, punctured lacerated wound of size 3 cm x 1-1/2 cm placed on left side front of chest and 0. 2cm above and medial to left angle over 4th intercostal space on mid mammary line of chest obliquely placed and oval in shape with collor of abrasion present and blackening present around the would with tattooing present in an area of 15 x 11 cm of left side front chest around the wound more on right side, medial and lower sides of wound and few tattooing marks present over left side upper part of abdomen and singeing of hairs around the would present and the margins are invested placed. On dissection of chest and abdomen cavity the wound track going through left side 4th intercostal space near costo-chondal junction obliquely placed of size 3-1/2 cm x 2 cm and on further exploration, track going downwards oblique through crossing the media-sternum and pericardium and lower part of both verticals of heart from left to right side through and through, the size 5 x 3 cm and with haemopericardium 150 CC about clotted blood. THEn track going downwards obliquely crossing the centre part of diaphragm through and through. THEn track going to left lobe of liver from supero anterior surface to infero- posterior surface of liver through and through of size 6 x 4 cm each of size. THEn track going downwards and oblique after piercing the peritoneum. THEre is haemoperitoneum containing about 1000 CC of blood. On further exploration, track going downwards oblique on right side of abdomen piercing right side peritoneum near kidney right side which is also pierced the right kidney through and through upper part of kidney and reaching upto right retroperitoneal region and huge amount of ante-mortem haemotoma present and bullet recovered from this space.