BHANWARLAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed to challenge the judgment and order dated 11.5.2006 passed by learned Additional Sessions Judge (Fast Track) No. 2, Bikaner recording conviction of accused appellant Bhanwarlal for an offence punishable u/Sec. 302 Indian Penal Code and awarding sentence for life term imprisonment with a fine of Rs. 1000/- and further to undergo one month's additional imprisonment in the event of default in payment of fine. In brief, facts of the case are that on basis of a statement made by Shri Hariram (PW-1), before a police officer on 14.10.2004 at Police Station Gangashahar at 12:25 PM, a criminal case was lodged against accused appellant for commission of an offence punishable under Section 302 Indian Penal Code. As per the statement reduced in writing (Ex. P/1), on 13.10.2004 at about 7-7:30 PM, Shankarlal, Harikishan and Dungarram came to the hamlet of Hariram and after having meals they slept there. In morning of 14.10.2004 at about 07:00 AM Shankarlal went to the hamlet of Hemaram, the uncle of Hariram. On hearing some noise, Hariram, Dungarram and Harikishan rushed towards the hamlet, where they found Bhanwarlal beating Shankarlal with lathi. Shankarlal was lying on earth and Bhanwarlal was giving lathi blows ruthlessly, consequently Shankarlal died at the spot.

(2.) During the course of investigation the corpus of Shankarlal was subjected to an autopsy conducted by a medical board consisting of two doctors viz. Dr. Sitaram and Dr. Rahul Jain. As per the postmortem report (Ex. P/27) the cause of death of Shankarlal was coma due to ante-mortem head injury, sufficient to cause death in ordinary course of nature. The corpus in total was having nine injuries, out of which the injury No. 1 was fatal. The deceased also suffered fractures in radius bone of his left arm and in humerus bone of right leg.

(3.) Accused Bhanwarlal was arrested and on basis of an information accorded by him a blood stained lathi was recovered. A blood stained shirt worn by Bhanwarlal was also recovered. The lathi as well as the shirt worn by accused at the time of incident were sent for their serological examination to the Forensic Science Laboratory, Jodhpur and as per its report the shirt was having blood stains of group "A". The clothes of deceased Shankarlal were also sent for serological examination and they too were found to be stained with blood of group "A". The lathi recovered at the instance of accused though was having blood stains of human origin, but the result with regard to blood group remained inconclusive.