FATTU KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal by accused Fattu Khan against the judgment of the learned Sessions Judge, Merta dated September 29,1977 convicting the appellant under Sections 304 part 11 and 323, IPC and sentencing him to three years' rigorous imprisonment under the first and three months' like imprisonment under the second count. The sentences were directed to run concurrently.

(2.) AT about 3.30 A.M. on 23 -7 -76, PW. 4 Manni Khan of village Girodakhara appeared at Police Station Deed wana (District Nagaur) and verbally lodged report Ex. P.2 It was stated therein that at about 7.00 P.M. on the previous day, he saw Jabdin of village Hindasariwala (the deceased victim) coming from the house of DW. 3 Mst. Saftidan: He was crying for help. Jabdin entered the house of DW I Chatura' Ram to take shelter therein. He was closely followed by the accused having a Lathi in his hand PW. 3 Jabdikhan also went in the house of Chatura Ram to intervene and separate the two. The accused struck a bross on the head of PW. 3 Jabdikhan. Jabdikhan got frightened and left the place. Jabdin of village Hindasariwala struck two or three blows to the accused with a Lathi. The accused thereafter struck a blow of his Lathi on the head of Jabdin (victim). Jobdin fell down arid became unconscious. He was immediately taken to Government Hospital, Deedwana for treatment. He, however, did not survive and passed away at about 3 10 A.M. The police registered a case under Section 302, IPC and proceeded with investigation. TW post -mortem examination of the deceased -victim was conducted at about 10.50 A.M. on 21 -7 -76 by PW. 7 Dr. Laxman Singh, the then Medical Officer Incharge, Government Hospital, Deedwana. The doctor noticed the following injury on the dead body of the victim.

(3.) I have heard Shri O.C. Chatterji, earned Counsel for the accused and the learned Public Prosecutor Shri 1 Section Udawat. I have also gone through the case file carefully.