MANPHOOL RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Sessions Judge, Sri Ganganagar dated 29-3-72.

(2.) I have heard the arguments and perused the record. Four accused persons Manphool, Lilia, Ratiram and Munshiram were tried by the learned Sessions Judge under sections 304 part II read with section 34 Indian Penal Code upon the allegation that on 8-9-71 at about 8-30 p.m. they belaboured Agya Ram in the house of Manphool Ram in Purani Abadi, Sri Ganganagar and thus caused his death. The deceased had 33 injuries on his person ; 17 abrasions, 9 bruises, two lacerated wounds and sub-conjunctival haemorrhage on the lateral angle of left eye. No external mark of injury was detected on the abdominal wall. He died on 9-9-71 at 8-45 p.m. in the hospital. The post-mortem report stated that Agya Ram died of shock due to multiple injuries and perforation of intestine.

(3.) The learned Sessions Judge acquitted all the accused of the charge under section 304 Part II but he convicted appellant Manphool Ram of an offence under section 323 Indian Penal Code and sentenced him to rigorous imprisonment for one year, The State has unfortunately not come up in appeal against the acquittal but accused Manphool Ram has filed this appeal against his conviction.