DHANRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated August 13, 1997 passed by learned Sessions Judge, Baran in Sessions Case No. 2/97 whereby the appellants were convicted and sentenced as under:- Bheemraj @ Hansraj @ Bhimsingh u/s 302 IPc Life imprisonment with a fine of Rs. 5000/-, in default of payment of fine to further undergo six months' R. I. Dhanraj & Mst. Sheela Bai each u/s 302 read with 34 IPc Life imprisonment with a fine of Rs. 5000/-, in default of payment of fine to further undergo six months' R. I.

(2.) BRIEFLY stated the facts of the prosecution case are that on November 4, 1996 at 4:45 P. M. PW. 5 Mukut Singh Rathi S/o Radha Kishan Rathi, R/o-village Tisaya submitted a written report Ex. P7 at Police Station Baran Sadar. It was, interalia, alleged in the report that today at 12'o clock in the noon he, his brother Ramdayal and his father Radha Kishan were irrigating their field. At that time accused-appellant Dhanraj told them that he would irrigate his field. His father replied that they will irrigate their field first and thereafter he may irrigate his field. On account of this the appellants Dhanraj and Bheemraj grappled his father. Dhanraj gave a Gandasi blow on the head of his father Radha Kishan. Bheemraj inflicted injury with Kuntiya on the head of Ramdayal and wife of Dhanraj gave a lathi blow on his head. When he made hue and cry, Mangilal and Mandanlal came at the place of incident. On seeing them the appellants fled away. His father and brother are lying unconscious in the field. On the basis of this written report Ex. P. 7, a case under Section 447, 307 and 323 read with 34 IPC was registered by the In-charge, Police Station Baran Sadar and investigation commenced. Formal FIR is Ex. P. 8. Both Radha Kishan and Ramdayal died on the same day and thereafter Section 302 IPC was added. PW 16 Madanpal Singh, the Investigating Officer reached on the spot on the same day and at around 5:00 P. M. he inspected the site and prepared Site Plan Ex. P. 2. Photographs of the place of occurrence were taken. Inquest Report of the dead body of Ramdayal Ex. P. 1 was also prepared. Blood smeared soil and control soil were seized and sealed vide Ex. P. 3 to Ex. P. 6. Inquest Report of the dead body of Radha Kishan Ex. P. 9 was prepared on November 5, 1996 in Government Hospital, Baran, Autopsy on the dead bodies' of Radha Kishan and Ramdayal was conducted on November 5, 1996 by PW 17 Dr. Purshottam Jhanwar, Medical Jurist, Government Hospital, Baran and he prepared post-mortem reports' Ex. P. 28 and Ex. P. 29 respectively. `towel' and `shirt' which deceased Radha Kishan was wearing at the time of incident were seized and sealed vide Seizure Memo Ex. P. 18. `pent', Baniyan, Shirt and handkerchief' belonging to deceased Ramdayal were also seized and sealed vide Seizure Memo Ex. P. 19. Statements of the witnesses were recorded under Section 161 Cr. P. C. The appellants were arrested and on their information and at their instance Gandasi, Kuntiya and Lathi were recovered and sealed vide Ex. P. 11, Ex. P. 12 and Ex. P. 13 respectively. On completion of investigation, a charge-sheet was laid in the Court of Additional Chief Judicial Magistrate, Baran who committed the appellants for trial to the Court of learned Sessions Judge, Baran.

(3.) PW 17 Dr. Purshottam Jhanwar, Medical Jurist, Government Hospital, Baran stated that on November 5, 1996 at 10:30 A. M. he conducted post-mortem examination on the dead body of Radha Kishan S/o Gaindi Lal Rathi, aged 55 years, R/o-Tisaya and found following injuries on his person:- EXTERNAL INJURIEs (1) Incised wound 5 x 5cm. x bonedeep on left side of scalp. (2) Incised wound 3 x 2 x 1/2cm. near injury No. 1. (3) Incised wound 2 x 2 x 1/4cm. on top of scalp. (4) Incised wound 4 x 2 x 1/2cm. on occipital part. INTERNAL INJURIEs "scalp, Skull Bones (Vertex)- Injury as described. Membranes, brain, base of skull, vertebrae-Ruptured beneath the wound of left side of scalp.