PRABHU @ PRABHUNATH DAROGA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the judgment impugned dated 24.11.2005 learned Additional Sessions Judge No. 2, Bhilwara, Camp Court Shahpura, convicted accused Prabhu for the offences punishable under Sections 302 and 341 Indian Penal Code. The trial court for commission of offence punishable under Section 302 Indian Penal Code sentenced the accused to undergo life term imprisonment with a fine of Rs. 1000/- and further to undergo three months' rigorous imprisonment in the event of default in payment of fine. For the offence punishable under Section 341 Indian Penal Code the trial court awarded a simple imprisonment for a period of one months with a fine of Rs. 200/- and further to undergo seven days simple imprisonment in the event of default in payment of fine. To challenge the conviction recorded and sentence awarded, this appeal is preferred. Briefly stated, facts of the case are that on basis of an oral information given by Shri Bhanwar Singh son of Sardar Singh on 4.10.2004 at Police Station, Jahajpur, a criminal case was registered and investigation commenced for the offences punishable under Sections 341 and 307 Indian Penal Code. While submitting oral information, Laxman Singh and Raghunath Singh were also accompanying the informant and injured Bhanwar Singh son of Madan Singh was lying in a tempo. He was not in condition to speak.

(2.) As per the information recorded (Ex. P/4), informant Bhanwar Singh at about 05:30 PM of the same day was at his well, where he heard that Prabhu has caused injury to Bhanwar Singh son of Madan Singh by an axe. He immediately rushed to the place of occurrence, where he came to know that Bheru Singh son of Gopal Singh has taken the injured to his house. The informant, on reaching to house, saw Bhanwar Singh son of Madan Singh having a head injury oozing blood. The injured then was taken for treatment by a tempo and while going to hospital the information was given at the police station.

(3.) Injured Bhanwar Singh son of Madan Singh while undergoing treatment at Jahajpur Hospital on 4.10.2004 itself died at 09:35 PM, therefore, the investigation was initiated for the offence punishable under Section 302 Indian Penal Code. The investigating agency while undergoing usual investigation got an autopsy on the corpus of deceased Bhanwar Singh son of Madan Singh and report of that is available on record as Ex. P/16. As per the postmortem report (Ex. P/16) the cause of death was massive blood loss from ruptured spleen. The injuries found on the body of deceased were recorded in the postmortem report as under:--