GOPAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE three accused -appellant Gopal, Omprakash and Nandu are the sons of Hazari and are as such brothers. Babu alias Rambabu is the son of Nandu accused -appellant. The learned Additional Sessions Judge, Gangapur City under his judgment dated 20 -10 -1981 convicted the above named four accused -appellants for the various offences. Accused -appellant Gopal has been convicted under Section 302, IPC, whereas the other three accused have been convicted under Section 302/34, IPC, and each of them has been sentenced to undergo imprisonment for life and a fine of Rs. 20,000/ -, or in default of payment thereof to 4 months RI. The accused -appellant Rambabu, Nandu and Omprakash have been convicted under Section 323/34, IPC and sentenced to pay a fine of Rs. 500/ - each and in default of payment thereof to 2 months RI.

(2.) IN village Badi Udai, PS Gangapur City, District Sawai Madhopur, Girraj PW 1 son of deceased Ganga Sahai runs a petty shop. In the same village nearly the shop of Girraj PW 1, Gopal accused -appellant runs his own shop and is also a petty shop -keeper. Both deal in the same items. There is said to be a trade rivalry between them. It is the case of the prosecution that on 8 -11 -1980 at about 11 A.M, PW 1 Girraj was inside his shop and the accused persons Gopal, and Babu alias Rambabu came unarmed and gave beating to him with first and also kicked him. Mahesh (PW 5) came to his rescue. The accused -appellants Gopal and Babu returned to their house but in the evening at 5 p.m. on that day when Gangasahai along with his two sons Girraj (PW 1), Kamlesh (PW 2) and Chiranji (PW 6) and Gopal (PW 9) was sitting outside the platform of his house and was enjoying Hukka, all the accused persons along with their father came there. They came abusing. Accused Gopal was armed with axe and others with lathis, and when Ganga -sahai was still sitting on the platform, they caused injuries to him. Accused Gopal is said to have given blows with axe on the head of Gangasahai (deceased) whereas others gave lathi blows. The occurrence is said to have been witnessed by the above named persons. A written report (Ex. P 4) was lodged by Kamlesh (PW 2) in P.S. Kotwali, Gangapur at 12.15 A.M. on 9 -11 -1980, and a case was registered and the investigation was set in motion.

(3.) GANGASAHAI was examined for his injuries by Dr. Radhey Shyam Parashar (PW 7) and he found that Gangasahai had as many as 7 injuries, the first incised Wound l' x 1/8' x 1/4' on the right side of parietal region central portion, and the bleeding was present; second lacerated wound; the third lacerated wound on the right side of fronto -parietal region; the fourth a bruise with blue upper and lower eye lid 2' x 2' on the right upper and lower eye lids with conjunctival haemorrhage; the fifth also a bruise bleeding present on the nose more on the right side nostril, and the sixth and seventh were also bruises on the left fore -arm wrist joint and below. All the injuries except 2, 3, 4 and 6 were simple in nature. Injury No. l was caused by sharp weapon and X -ray was advised for injuries 2, 4 and 6 and the opinion was reserved. The said Gangasahai died in the hospital and Dr. Nandlal Sharma (PW 8) conducted autopsy on his dead body on 10 -11 -1980 and he found he same number of injuries except that injury No. 1 was found to be a stitched wound. In his opinion, all the injuries were ante mortem in nature. On opening the body, he found that there was fracture of right parietal bone mind above from right eye brow extending upto suture. There was fracture of right orbit laterally with fracture of zygmatic bone and maxillay bone of face. There was also fracture of left ulna at the junction of upper 2/3rd and lower 1/3rd. There was also a fracture of anterior cranial fossa. In his opinion, the fracture of right parietal bone was the result of corresponding external injuries 2, 3 and 4 fracture of right zygmatic bone and maxillary bone was the result of corresponding external injuries 5 and 6, as noted above The fracture of left ulna was the result of corresponding external injuries 7 and 8 and fracture of anterior cranial fossa was due to corresponding external iniury No. 6. All the injuries 1, 2 and 4 individually and collectively were sufficient to cause death.