BHIKAM Vs. STATE OF RAJASTHAN.

JUDGEMENT

(1.) This appeal is directed against the Judgment of the learned Additional Sessions Judge, Dholpur dated 25-2-74. I have heard arguments and perused the record.

(2.) The prosecution case is that Chhiddu deceased obtained a loan for accused Bhikam from Shiv Charan PW 3 upon his guarantee. Bhikam did not make the payment. So Shiv Charan demanded the money from Chhiddu. Chhiddu assembled a panchayat but Bhikam declined to have taken any loan. On 6-6-73 Chhiddu accompanied by Jai Lal PW 5 went to his house and asked him to make the payment. Bhikam said that he will make the payment at Brijpal-ka-Pura. All of them, namely, Chhiddu, Jailal, Bhikam, his brother Ram Charan, and his father Poorna then came to the thrashing floor of Nemi and Babu, exchanging hot words all through the way. The accused party was so provoked that Ram Charan gave a lathi blow on the left arm of Chhiddu and Poorna gave a lathi blow on his ribs. Bhikam took up the Lathi from his father and delivered a blow on the head of Chhiddu, Chhiddu fell down. He was first removed to the hospital at Baseri and then taken to Dholpur where he died at 6 a. m. on 9-6-73. Report of this offence having been lodged, the police investigated the matter and sent up Ram Charan and Bhikam for trial under sections 302 and 302 rea, with section 34 IPC. The learned trial Judge acquitted Ram Charan. He however, convicted Bhikam under section 304 Part II I P.C. and sentenced him to rigorous imprisonment for five years and to a fine of Rs. 500.00 in default whereof to rigorous imprisonment for six months.

(3.) The medical examination of Chhiddu conducted by Dr. Virendra Kumar Kamthan on 6-6-73 and the post-mortem examination conducted by Dr. S. P. Saxena on 9-6-73 disclosed that there was a wound on the left side of the skull over parietal area with haematoma present in that area. There was sub-conjunctival haemorrhage on the left eye with ecchymosis of the left upper lid and an abrasion 1 x 1'on the left shoulder. Upon opening the body it was found that there was haematoma on the left side of skull There was haematoma also on its right side. The blood was clotted. There was communicated fracture of the left temporal bone with brain substance having fluid. There was fracture of the skull extending from the left parietal bone to the right parietal bone and also of frontal bone at its middle. Membrance and brain substance injured at site. The case of death was stated to be fracture of the temporal frontal and both the parietal bones.