KANHAIYA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellants Kanhaiya Lal, Laxman & Narain were tried for intentionally causing deaths of Jagdish and Dilsukh. THE resultant trial culminated into the order of conviction and sentence dated 7. 5. 1998 passed by the learned Special Judge, SC/st, (Prevention of Atrocities Cases), Baran. THE appellants have been convicted under Section 302 read with Sec. 34 IPC and sentenced to undergo Rigorous Imprisonment for life as also to pay a fine of Rs. 500/- and in default of payment of fine to further undergo Rigorous Imprisonment for 15 days.

(2.) THE occurrence leading to deaths of Jagdish and Dilsukh, as per prosecution version, had taken place on 9. 10. 1995 at 7. 45 PM. THE FIR with regard to the incident Ex. P. 9 was lodged by Samay Raj son of Dilsukh. Samay Raj had got the written report written from one Chandrakant PW6. Special report with regard to the incident reached the concerned Magistrate at Baran on 10. 10. 1995 at 4. 30 PM.

(3.) HE had reserved his opinion with regard to injuries No. 1 and 5 which he was to give on the receipt of X-ray report. The other injuries found on the person of Dilsukh were simple in nature and were caused by blunt weapon. The injuries found on the person of Dilsukh were of the duration of 24 hours. The doctor further stated that both the injured had died at night. HE conducted post-mortem on the dead body of Jagdish at 8. 30 Am on 10. 10. 1995. HE proved post-mortem report Ex. P12 and stated that death of Jagdish was because of head injuries sustained by him. On the very same day he conducted post mortem on the dead body of Dilsukh. HE found ribs 7, 8, 9 and 10 of the left side had been fractured. The death in the opinion of doctor was excess bleeding which was because of injury in the spleen. HE proved post mortem report Ex. P13. HE also stated that the injuries sustained by Dilsukh were sufficient to cause death in the ordinary course of nature. In the cross-examination he admitted that in Ex. P12 and P13 he had not mentioned that injuries No. 1 and 2 found on the person of deceased, were sufficient to cause death in the ordinary course on nature.