GIRRAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal under Section 374 Cr. P. C. is directed against the judgment dated 17. 4. 2001 whereby the learned Sessions Judge, Sawaimadhopur convicted the accused appellants Girraj, Makadya @ Hari Ram Radha Kishan and Morpal u/s. 302, 325 and 324 IPC and sentenced them as under: All the accused appellants. U/s. 302 IPc Imprisonment for life and a fine of Rs. 5,000/- to each of them. In default of payment of fine, to further undergo simple imprisonment for three months; U/s. 325 IPc R. I. for two years and a fine of Rs. 5000/- to each of them; in default of payment of fine, to further undergo simple imprisonment for three months. U/s. 324 IPc R. I. for one years and a fine of Rs. 1,000/- to each of them; in default of payment of fine, to further undergo simple imprisonment for one month. All the sentences were ordered to run concurrently.

(2.) THE relevant facts in brief giving rise to this appeal are that PW-1 Vishnu Sharma submitted a written report (Ex. P. 1) to Station House Officer, P. S. Bonli at Village Pipalda at about 7. 45 p. m. on 26. 11. 99 with the averments that at about 6. 30 p. m. when he was coming from village Jastana some persons at the bus stands were talking that some persons having beaten one Kailash went away and he was lying near the canal. A formal FIR No. 268/99 (Ex. P. 24) was registered u/s 341, 323 and 307 IPC. Investigation commenced and during the course of investigation, the injured Kailash expired on 27. 11. 1999. Hence, Section 302 IPC was added.

(3.) AFTER his death, post-mortem on the body of Kailash was conducted by PW-11 Dr. Suman Dutta, Medical Jurist, SMS Hospital, Jaipur on 27. 11. 1999 and he prepared the post-mortem report (Ex. P. 9) and noted the following external and internal injuries on the person of deceased: 1. Stitched wound 3 cm right temporal reddish clotted blunt. 2. Stitched wound 4 cm right parietal reddish colour clotted blunt. 3. Stitched wound 4 cm right parietal, reddish colour. 4. Lacerated wound 3 cm left temporal 1/4 cm x scalp bone deep reddish colour. 5. Stitched wound 3 cm right temporal reddish clotted blood. 6. Bruise 10 x 3 cm right shoulder reddish blue colour. 7. Two parallel bruise 9 x 12 cm each with a gap of 1/2 cm in between elbow ends reddish colour right flank. 8. Two parallel bruise three in number each 8 x 1/2 cm 7 x 1/2 cm and 8 x 1/2 cm each on right buttock reddish colour with entering gap of 1/2 cm. 9.3 Bruise 10 x 5 cm right leg calf reddish colour dinch deep haemotoma reddish colour. 10. Bruise 2 x 2 cm left hand reddish colour, deep muscle haemotoma. 11. Abrasion 1/2 x 1/2 cm right elbow reddish colour. 12. Abrasion 1/2 x 1/2 cm 2nd, 3rd finger domlly reddish colour. 13. Bruise 4 x 3 cm left down hand reddish colour. 14. Abrasion 1 x 1 cm left knee cap reddish colour. 15. Diffuse swelling right leg middle on direction deep haemotoma.