RAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) At the time of arguments on the bail application, a request was made that the case itself may be heard on merits. On joint request, the case was heard on merits.

(2.) The facts necessary to be noticed for the disposal of this appeal, briefly stated are that the accused appellant was found standing armed with a Dhariya in front of the house of Nathu Ram deceased in the night intervening between 29th and 30th of May, 1989 at 11 p.m. When this was seen by Chhater Singh, he scaled the wall of the house of Nathu Ram which is just adjacent to his house and informed that Ram Singh was standing outside their house armed with a Dhariya. Thereafter both the brothers i.e. Chunni Lal and Nathu Ram went outside to see as to why Ram Singh was standing there when they came outside, Ram Singh started going towards the School. They then inquired from him as to why he was standing there at that hour of the night armed with a Dhariya. The accused told them that he was only standing outside their house, he could come inside their house also. This infuriated Nathu Ram and he told him to try to come inside the house and then see the result. Hearing hot exchange of words, father of Nathu Ram and Chunni Lal also came there. At that point of time Ram Singh told Nathu Ram that he has rebuked him and so he well teach him a lesson and struck a Dhariya blow which resulted in causing as injury on his head, the measurements of which were ll"x l"x Bone deep and the bone underneath the wound was cut in the size of 9"xl/6"x 1/4 It cut not only the skull bone but the Dura-matter was also cut. Superior sagital sinus was also cut in the size of 4"x1/2"x l 1/2". The injury and its internal effect was so severe that it caused his death. PW. 5 Dr. Om Prakash Meghwal has opined that this injury was ante mortem and was sufficient in the ordinary course of nature to cause death.

(3.) Be that as it may, on the report of Chunni Lal brother of the deceased, which has been marked as Ex, P/1, a case has been registered against Ram Singh and after usual investigation a challan was filed in the Court of learned Additional Munsiff & Judicial Magistrate, Bhadra wherefrom it was committed for trial to the learned Additional Sessions Judge, Nohar who charged the accused for offence under Sec. 302 Penal Code and after trial convicted the accused aforesaid. Against that judgment dated 24.9.90, this appeal has been filed.