MOHAN LAL AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated Nov. 25, 1993 passed by the Additional District and Sessions Judge, Chabra, District Baran in Sessions Case No. 284/1992, whereby the appellants Mohan @ Mohan Lal and Ram Pratap have been convicted and sentenced as under:-

(2.) A report was made at Police Station, Chippa Barod at 5.30 p.m. on April 5, 1992 for the incident which has taken place on the same day at 3/3.30 p.m. The prosecution case, as per the report is that informant Raghuveer and his brother Kanhiya Lal were going to their well popularly known as "Bhuwajiwala" and when they reached near another well "Gadedawala", they found the appellants Mohar, Lal and Ram Pratap Making fence of their field, by making encroachment on their field. They asked them to do fencing at the place where it earlier existed. Then, some oral altercation ensued between the parties and the appellant Mohan is said to have inflicted one blow with an axe which landed on the head of Kanhaiya Lal. Raghuveer was assaulted by the appellant Rampratap. At the time of incident, Brij Mohan, Shanker and Ram Bharose Dhakad were present and both Kanhaiyalal and Rampratap were taken in a tractor to the police station where a written report was lodged. Kanhaiya Lal was unconscious at that time.

(3.) Initially, the case was registered under Sec. 307 and 323 IPC. However after death of Kanhaiyalal on April 7, 1992, the offence under Sec. 302 Penal Code was also added. Dr. Jitendra Kumar (PW 18) had examined injuries of Raghuveer and Kanhaiya Lal. The injured Raghuveer had sustained the following vide Ex.P 22:-