JEEVA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals the directed judgment dt. 1-7-87 passed by the learned Sessions Judge, Dungarpur in sessions case No. 26/86 convicting appellant Kana under Sec. 302 I.P.C. and appellants Jeeva and Kaloo under Sec. 302 read with Sec. 34 of the Indian Penal Code and sentenced each of them to imprisonment for life.

(2.) The story of the prosecution stated in brief is that at about 7.30 in the evening of 24-3-86, the deceased Nathu was going for work with a cycle and a bed, when in the way, he was assaulted by the accused persons and some other, as a result of which, he was seriously injured and admitted to the hospital where he died on 29-3-86. The accused persons were, therefor, prosecuted for murdering said Nathu. The prosecution examined 13 witnesses in favour of its case and the accused examined 2 witnesses in his defence.

(3.) PW. 1 is the Medical Jurist at the General Hospital, Dungarpur who examined Nathu on 24-3-86 at 9.10 in the evening. He has deposed to the injuries and has stated that the deceased had three injuries resulting in fracture. He also conducted post mortem of deceased Nathu in the morning of 29-3-86 and opined that death was caused due to head injury received by the deceased. He has proved the post mortem report. It is thus proved that deceased Nathu met with homicidal death caused by injuries which were sufficient in the ordinary course of nature to cause death.