SANWALIA Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Sanwalia and Isra against their conviction under sec. 302 of the Indian Penal Code by the Additional Sessions Judge of Merta.

(2.) THE case relates to an incident which took place on the 10th December, 1949, early in the morning at about 7 or 8 A. M. THE prosecution story was that Ramsukh deceased was as usual going from village Pura to village Ladnu where he used to sell his milk. While he was on his way and had gone some distance from village Pura, the two accused met him on the way. Sanwalia was armed with a lathi and Ishra with a spear. THEy attacked him and Ramsukh raised an alarm. This brought Goma, Pokar and Dula P. Ws. to the scene. THEse people are admittedly chance witnesses, though two of them Goma and Dula had their fields near-about. Hearing the cries of the deceased Ramsukh, two of them namely Goma and Pokar came from one side while Dula came from the other. When they reached the place where the attack was taking place, they saw the two appellants belabouring the deceased who had fallen down on the ground. Ishra was using a spear and Sanwalia was using a lathi. THEir estimate is that the deceased was given about half a dozen blows by each of the accused while he was lying on the ground. Before these witnesses could effectively intervene, the accused had gone away towards the north. One of them namely Goma immediately went to the village and gave information to Balu, brother of the deceased. Balu and other persons of the village came to the spot soon after. Arrangements were then made to take the injured person to the hospital at Ladnu. Ladnu is about 2 miles from where the incident had taken place, and the evidence is that Ramsukh deceased was taken to the hospital on a charpoy, and reached the hospital at about mid-day. He was then examined by the Doctor and was found to have a very large number of injuries caused by a sharp weapon as well as by a blunt weapon. THE report of the incident was made by Balu at 7 P. M. , and the Sub-Inspector then started for the hospital where the deceased was. He took down the dying declaration of the deceased, which is Ex. P-4. Ramsukh died early next morning at 5 A. M. , and thereafter his post mortem examination was performed. THE evidence of the Doctor is that death was due to haemorrhage as a result of incised wounds and shock caused by the fracture of the bones.

(3.) IN the case before us, we are of opinion that the investigation did not commence till the Sub-INspector went to the hospital and examined the deceased. What he enquired from Balu at the time when the written report was handed over to him was merely supplemental to that report and to complete it in all essential particulars which a police officer gets from an informant when he comes to make an oral report. It cannot, therefore, be said in this case that Dula and Pokar were not named in the first report. We may add that, in any case, we are satisfied that the three witnesses, namely Goma, Pokar and Dula had no cause to implicate the accused falsely, and we accept their evidence as true.