CHHAGA AND ANOTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The two appellants Chhaga and Moda stand convicted by the Judgment of the Sessions Judge, Udaipur dated 21-4-1972 under section 302 read with section 34 of the Indian Penal Code for having committed the murder of one Partha. They have each been sentenced to undergo imprisonment for life.

(2.) The prosecution case in brief was as follows. On 26.6.1971, the deceased Partha of village Molela and his brother, the co-accused Moda, were invited in the evening by the accused Chhaga of village Bagol to his residence for Prasadi. The evidence discloses that earlier that day, the accused Moda had come from his village Guda to village Molela to settle a dispute. He was apparently staying with his brother, the deceased Partha. That evening, the three of the accused along with the accused Chhaga's son Deva, who has been acquitted, had a drinking bout at the house of Chhaga. The deceased was never found alive. The accused Deva on finding that Partha, was dead was sent to village Molela to fetch his relations. The dead body of the deceased apparently bore no visible marks of external injury and it was taken out for being carried to village Molela. It could not, however, be removed due to to the intervention of Sukhlal PW/4 who suspected some foul-play. The first information report exhibit P/1 was lodged by him early in the next morning at 4.00 A. M. at the Police Station Nathdwara. The report mentions doubt against the accused Chhaga and the acquitted co-accused Deva.

(3.) There can be no doubt, nor is it seriously disputed, that the deceased Partha met with a homicidal death. Dr. A. S. Murdia, PW/9, Medical Officer, Primary Health Centre, Kanwa performed an autopsy on the dead body and found five external injuries and several internal injuries, vide postmortem report exhibit P/5. In his opinion, the death of the deceased Partha was due to injury No. 2 i;e. fracture of the skull. Dr. Murdia states that the external injuries were caused by same blunt weapon. The death was caused as a result of the injuries to the brain, fracture of parietal and temporal bones and middle managial haemorrhage.