BAPU LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal by the accused Bapu Lal is directed against the judgment of learned Sessions Judge, Jhalawar dated 4th March, 1986 by which the appellant has been convicted under section 302, IPC and sentenced to imprisonment for life and a fine of Rs. l,000/ - and in default of payment of fine to undergo rigorous imprisonment for one year.

(2.) SHORTLY stated the facts of the case are that on 13th December, 1984 at 11.30 p.m. Mst. Dhapu Bai PW 1 lodged a report at police station Aklera. It was submitted in the report that her father had come to meet her at about 6 -7 p.m. The accused Bapu Lal came with a lathi in his hand and started fighting with her father. Thereafter, the accused struck 2 -3 blows on the head of her father. When the informant went to rescue her father then she was also given beating. At that time the accused Devia and Motia also came on the spot and told Bapu accused to beat her father and to throw him in a ditch. Thereafter, Dhoolia, Kalu, Kanahiya son of Bhanwar Lal Meena came on the spot and they intervened and took her father to their house. Thereafter, the informant went to village Maithoon, her father's village and narrated the incident to her mother. Thereafter Ram Singh and son of Baldev Meena brought a bulluck -cart to Devli and from there she along with the above persons had brought the injured in the bulluck -cart and lodged the report. It was further mentioned in the report that her husband was beating her for the last 2 -3 days without any reason and she had sent this information to her father. Her father had then come there to meet her and on this account accused Bapu had given beating to her father. On the basis of the above report Ex. P 1 the police sent the injured for examination of the injuries at hospital Aklera. Dr. Arvind Kumar PW 4 examined the injuries of Manna Lal and found the following injuries on his body.

(3.) ACCORDING to Dr. Chandra Prakash, all the injuries were ante -mortem in nature. According to Dr. Chandra Prakash cause of the death was injuries on the head and coma. He further stated that injuries Nos. 1 and 2 were sufficient in the ordinary course of nature to cause death. Both the above injuries were sufficient to cause death separtely as well as cumulatively. In the cross examination he stated that such injuries could be caused by a fall on a stone but not on account of any fall on wood.