LAKHMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment passed by the Additional Sessions Judge, Sirohi, dated 25. 11. 1975 by which appellant Lakhma, Kala, Kusia and Husia were convicted for the offences under section 302/34 and 452 I. P. C. and sentenced to imprisonment for life on the first count and rigorous imprisonment for two years and a line of Rs. 500/- and in default of payment of fine to undergo rigorous imprisonment for two months on the second count. Appellants Kala and Lakhma were also convicted for the offence under section 324 I. P. C. and each of them was sentenced to undergo rigorous imprisonment for six months and a fine of Rs. 200/- and in default of payment of five to undergo rigorous imprisonment for one month. Appellants Husia and Kusia were also convicted under sec. 323 I. P. C. and sentenced to rigorous imprisonment for three months and a fine of Rs. 100/- and in default to undergo rigorous imprisonment for one month.

(2.) BRIEFLY stated the facts of the case giving rise to this appeal are as under:- Four or five years prior to the occurrence, there was a quarrel between appellant Lakhma alias Luchma and Uda, son of deceased Gema and brother of complainant Kishna. Lakhma is said to have fractured the hand of Uda, in that quarrel.

(3.) BRUISE 2" x l" on upper third part of left leg. " Injuries No. 1, 2 and 4 were simple in nature and caused by sharp weapon. Rest of the injuries were simple and caused by blunt object. In the Injury Report Ex. 15, duration of injuries was mentioned as 3 to 4 days at the time of examination. The Doctor advised X-ray of left palm for opinion about the fracture. 4. On the same date, at 5. 30 P. M. , Dr. Noor Mohammed conducted the autopsy over the dead body of Gema and observed as under: - "external appearance,- Condition of subject. The body was moderate and highly decomposed full of maggots. Mouth, nose and eyes were bitten by maggots. Rigor Mortis passed off from all the limbs. Wounds: - 1. Incised wound 3" x 1/2" x2-1/2" on right occipito parietal region resulted in protusion of brain matter. 2. Incised wound 3" 1/2" x 1/2" on right side of neck. 3. Incised wound 2" x 1/2" x 1/2" on right shoulder. 4. Multiple sharp cuts on back part of fingers of both hands. 5. Incised wound 2" x 1/4" x 1/4" on left thigh. 6. Incised wound 2" x 1/4" x 1/4" on right leg. Scalp full, skull and vertabral: - Incised wound of scalp of right fron to parietal region resulted in compound fracture of frontal and parietal bones of right side. Membranes were torn. Brain: - Laceration on brain on right fron to parietal region. Both lungs were pale and heart was empty. Large vessels were also empty. Liver, Spleen and Kidneys were pale. Bladder was empty. " 5. In the opinion of the doctor,cause of death was coma due to injury to vital organ (brain) and other multiple injuries. Duration of death was about 2-3 days at the time of post-mortem examination. Post mortem examination report is Ex. P. 16. According to the doctor, injury No. 1 was sufficient in the ordinary course of nature to cause death. 6. On 27-7-75, Ganpat Singh (P. W. 7) S. H. O. Police Station Nana took charge of the investigation. On 28-7-75 he arrested appellants Lakhma and Kalia. On 2-8-75 appellant Lakhma furnished information for getting recovered Dharia and axe. The information was reduced into writing as Ex. P. 6. In pursuance of that information Lakhma got recovered dharia Ex. 4 and axe Ex. 5 on 6-8-75, which was taken into possession vide Memo Ex. P. 7. On 2. 8. 75 Kalia furnished information to the S. H. O. that the sword was with Kusia. The said information was reduced in writing as Ex. P. 8. On 3-8-75 Kusia was arrested vide memo Ex. P. 9. He was having sword Ex. 6 with him at that time, which was taken into possession vide Memo Ex. P. 10. On 10. 8. 75 appellant Husia was arrested vide Memo Ex. P. 11. At the time of arrest, lathi Ex. 7 was recovered from his possession. The S. H. O. then entrusted the investigation to Hari Singh. On 29. 7. 75 investigation was again entrusted to Mangilal and he, at the instance of S. H. O Ganpat Singh, went to Beda hospital and took in possession the blood stained clothes of Smt. Jaggi. 7. The articles recovered during the course of investigation were sent for chemical examination. The report of Chemical Examiner is Ex. P. 17 and that of the Serologist is Ex. P. 18.