SURAJMAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The brief facts giving rise to this appeal are that on 7-3-1992, complainant Sitaram along with injured Kailash lodged a written report Ex. P-i at police station Todaraisingh alleging therein that the appellants and two others were making the way through his field in an illegal manner and when the complainant restrained them, they gave beating to his Kaka Ladu Maharaj. His condition is serious. Therefore, an enquiry may be conducted. From the back of the report, it is also mentioned that Surajmal and others gave beating to him also in the evening. The case was registered u/ss. 147, 341, 323 & 324 IPC. Ladu Maharaj was admitted in the hospital on 8-3-1992. He was medically examined. Injury report is Ex. P-13. He was discharged from the hospital on 11-3-1992 and he died on 20-3-1992. Post-mortem was got conducted and in the post mortem report the Doctor opined that the cause of death of Ladu Maharaj is injury on head and brain. Site Plan Ex. P-10 was prepared. Accused-appellants were arrested on 2-4-1992. At their instance, Lathies were recovered. The case was then converted into Sec. 302 read with Sec. 34 IPC. After due investigation, the challenge was filed against four persons viz., Surajmal, Suvalal, Durgalal and Mahaveer and charges were framed. Accused appellants denied the charges and claimed for trial. During trial, the prosecution has examined as many as 15 witnesses. The statements of accused-appellants have been recorded u/Sec. 313 Cr. P.C. Considering the material on record, the Trial Court has acquitted Durgalal and Mahaveer but convicted and sentenced the accused-appellants Surajmal and Suvalal as aforesaid.

(2.) Being dissatisfied with the order of trial Court, the appellants have preferred his appeal.

(3.) Learned Counsel for the appellants Mr. N.S. Naqvi has submitted that the deceased Ladu was admitted in the hospital on 8-3-1992 and found fit for discharge on 11-3-1992 and ultimately he expired on 20-3-1992. Even a single injury was found while he was admitted and examined in the hospital. Therefore, the case does not travel beyond Sec. 323 IPC. As per prosecution case, there are five eye witnesses viz., PW 1 Sita Ram, PW 2 Kailash, PW 3 Kana and PW 5 Ghasi and PW 13 Gopi. PW 3 Kana and PW 5 Ghasi have been declared hostle. PW 13 Gopi is not believed by the Trial Court. The statement of PW 1 Sita Ram reveals that he has not witnessed the scene. Thus, only eye witness left with is PW 2 Kailash. The incident has occurred all of a sudden. There was no intention or motive behind this incident. It is a matter of cross case. Even the accused-appellants have sustained injuries. Therefore, there was no justification to convict them u/Sec. 304 Part II IPC.