RIKHIRAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE accused -appellant stands convicted and sentenced under Section 304 Part -II, IPC to five years' rigorous imprisonment and a fine of Rs. 3,000/ - in default of payment of fine to further rigorous imprisonment for one year by the judgment dated the 9th August, 1978, of the Additional Sessions Judge, Sri Ganganagar. The appellant was tried for the offence under Section 302 IPC for committing the murder of Puranchand Sindhi on June 19, 1977, at 1.30 pm, at the residential house of the deceased by pushing him down from the roof of his house.

(2.) THE prosecution case, in brief, was that the deceased, the accused and one Bhagirath all consumed wine. The deceased was the tenant of the accused in the house and was residing in a Chobara on the first floor of the house. After consuming the wine, he went to the roof of the house. According to the prosecution, the accused also came there and pushed the deceased down from the roof of the house to the ground. Puran Chand -deceased became unconscious and was immediately shifted to the hospital. He was at that time alive. He was attended to by Dr. S.S. Baxi. Puran Chand was in deep coma, both pupils were fully dielated and fixed, cornial reflex was absent. There was slight smell of alcohol from mouth. Blood tinged discharge was coming out of mouth. Respiration was jerky and shallow. The doctor ascertained the history of Puran Chand from his wife, who informed him that Puran Chand was taking alcohol on the roof of his house when the landlord came there and pushed him down Puran Chand died at the hospital and the doctor sent a letter to the police station, Kotwali. The first information report of the occurrence was lodged at the police station on June 19, 1977 at 5.30 pm by Govind Ram, brother of the deceased, A case under Section 304 IPC was registered against the accused and investigation started The post -mortem examination of the dead body of the deceased was conducted by Dr. S.S. Baxi, the same day, at 6.50 pm According to him, the cause of death was coma and asphyxia due to head injury, which could have been the result of a fell or push from a roof of the house. The doctor had noted the following injuries on the body of Puran Chand:

(3.) AFTER investigation, the police filed a charge -sheet against the accused in the Court of Chief Judicial Magistrate, Shri Ganganagar, who committed him for trial to the Court of Sessions Judge under Section 302 IPC. As aforesaid, the Sessions Judge framed the charge for the offence under Section 302 IPC and recorded his plea to which the accused pleaded not guilty and claimed to be tried.