NAZIR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal against the judgment of the learned Sessions Judge, Jaipur City dated 27 -4 -71 by which he convicted the appellants under Section 302 read with Section 34 IPC and sentenced both of them to rigorous imprisonment for life and also a fine of Rs. 500/ - each, and in default of payment of fine to further undergo rigorous imprisonment for six months.

(2.) THE prosecution story in brief is that on 15 -1 -71 the deceased Kaus har Hussain was flying kites on the roof of Atish Market, Jaipur. His brother Mohammed Hussain PW 3 and Riyat Ali PW 7 were with him. It was further alleged that the accused came to the roof and they were also snatching the kites. They wanted Kaushar Hussain to go away but Kaushar refused and thereupon the appellants are said to have given beating and they also struck head of Kaushar with the result that the deceased fell down and became Unconscious. He was thereafter taken to the hospital where he died next day. The First Information Report was lodged on 16 -1 -1971 at 11.05 a.m. by the father of the deceased. He has appeared as PW. 2. His evidence is that the was informed by Mohammed Hussain that the appellants Kukku and Nazir had beaten Kaushar Hussain and he was inguinal unconscious state. He deposed that he took him to 'Safakhana' but was referred to hospital. But before that he went to Kotwali where a report was taken down by the Thanedar.

(3.) P .W. 4 is the doctor, who has examined the deceased on 15 -1 -71. He found no external injury on the body of the deceased but he advised for X -ray of skull bones and the injury report is Ex. P/2, which was prepared by the doctor. It shows that there is no external mark of the injury on the body of deceased. The deceased died on 16 -1 -1971 at 10.10 a.m. and post -mortem was performed on him. On opening the body this witness found that the help tissue contused in the right temporal parietal region. There were linear fractures of right temper all and parietal bonus of skull. There was sub -dural haemorrhage present in the right parietal region. In the opinion of the doctor the cause of death was due to the head injury, which resulted in sub dural haemorrhage.