KASHI RAM & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The Appellants stand convicted under Section 302/149 I.P.C. to life imprisonment and further to one year rigorous imprisonment under Section 148 I.P.C. with fine. The sentences have been directed to run concurrently by the Additional Sessions Judge, Nohar dated 20.4.1988 in Sessions Case No. 14/1987.

(2.) A written report Exhibit P-18 was lodged on 2.1.1987 at 5.00 p.m by PW-3 Ladhu Ram, brother of the deceased Sunda Ram that about 6.00 a.m. in the turning the appellants murderously assaulted his brother. He and his other brother PW-8 Sahab Ram were warned to stay away lest they would meet the same fate. The Appellants dragged the deceased beating him, to the house of appellant-Kashi Ram where he expired after sometime at about 9:30-10:00 p.m. Formal F.I.R. No. 3/1987 Exhibit P-21 was registered on basis of the same at 8.00 p.m.

(3.) The post mortem of the deceased was done on 3.1.1987 at 10.00 a.m. by PW-6 Dr. K.K. Sharma. 8 abrasions of varying sizes were found on different parts of the body, along with 13 bruises, 6 lacerations on the right leg, 2 lacerations on, the left upper arm and 1 laceration on left side of the forehead. There was fracture of right tibia and fibula, right radius and ulna, as also left radius and ulna. Death was opined due to shock caused by excessive hemorrhage from the wounds and fractures caused by hard blunt weapons. The time estimated since death was 24 to 36 hours.