KALU RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Kaluram and Dilip Kumar were convicted under Section 302/34, I.P.C. and each was sentenced to imprisonment for life with a fine of Rs. 2000/ - in default of the payment of fine to further undergo two years rigorous imprisonment by the Additional Sessions Judge (2), Hanumangarh, vide his judgment dated September 23, 1981. They have come -up in appeal to challenge their conviction.

(2.) BRIEFLY stated, the prosecution case is that the deceased Harisingh resided in Tandurwali PS Tibi district Sri Ganganagar. The appellants are also residents of the same village. The relations between the deceased and the appellants were not happy. At about 5.30 p.m. on November 16, 1979 Harisingh and his brother -in -law Kartarsingh (PW 6) were returning from the deceased's field to his house in a carnal cart. When they happened to pass in the field of one Khurshid, the appellants accompanied with one Hanuman came from the opposite side, Kaluram told the deceased that the accounts would be settled. On his saying so, the two appellants and Hanuman proceeded towards the deceased. Apprehending the danger to his life, the deceased jumped down from the camel cart and started running. The appellants and Hanuman followed him and felled him down. Kaluram had a Gandasi while Dilipkumar had an axe and Hanuman had a lathi. They made an assault on the deceased and struck blows to him with their weapons. As a result of the beating. Harisingh sustained multiple injuries on his hands and feet, Kartarsirigh (PW 6). Seeing the incident, raised the cries. The miscreants thereafter fled away towards the village. Kartarsingh and the deceased came to the village and went to Up -Sarpanch Pw 8 Hanuman Prasad. The deceased narrated the incident to him. He advised the deceased to go to the police station and lodge a report there, Harisingh accordingly went to the police station, Tibi and verbally lodged report Ex P 15 at about 8 p.m. on the same day. The report was recorded in the Rojnamcha on the police station. Since the nature of the injuries sustained by him could not be ascertained by the Police Officer on duty, he advised Harisingh to get his injuries medically examined. Meanwhile. Up -Sarpanch Hanuman Prasad also reached there. Hanuman Prasad arranged a jeep and took Harisingh to Government Dispensary, Hanumangarh. PW 4 Dr. Narendra Godara examined Harisingh and declared him dead The police was apprised of his death. The Investigating Officer registered a case under Section 302, 1PC and took up the investigation. The investigation was conducted by the Assistant sub -Inspector Ghanshyam Das. He and PW 11 Bhagwen Das, who was posted as the Station House Officer P.S. Hanumangarh went to the hospital and prepared the inquest report of the victim's dead body. The medico -legal autopsy of the victim was conducted on November 17, 1/79 by Dr. Godara. He found as many as 42 injuries on the different parts of the deceased's body The injuries were abrasions, bruises, lacerated wounds and swellings. Fractures of humerous and ulna bones were also detected. In the opinion of Dr. Godara, the cause of death was shock due to combined effect of the multiple injuries. The post mortem report prepared by him is Ex.P 5. During investigation, Bacchansingh and Latu were also found to have assaulted the deceased along with the appellants. The appellants as well as Bacchansingh and Latu were arrested. In consequence of the informations furnished by them, weapon, with which the offence was committed, were recovered. The blood stained clothes of the victim were also seized and sealed. On the completion of investigation, the police presented a challan against four persons, viz., Kalu, Dilip Kumar, Bacchansingh and Latu in the Court of the Judicial Magistrate, Hanumangarh, who in his turn, committed the case for trial to the Court of Sessions. The Sessions judge framed a charge under Section 302/34, I.P.C. against all of them to which they pleaded not guilty and claimed to be tried. The appellants denied their complicity in the commission of the crime and claimed absolute innocence. In support of. its case, the prosecution examined eleven witnesses and filed some documents. In defence the accused examined the Additional Superintendent of police Mr. Firoz Khan (DW 1). On the conclusion of the trial the learned Sessions judge found no incriminating material against accused Bachansingh and Latu. They were consequently acquitted of the offence they were charged with. The Sessions Judge, however, held the charge duly proved against the appellants Kalu and Dilip. They were, therefore, convicted and sentenced as mentioned at the very out -set. Aggrieved against their conviction they have taken this appeal.

(3.) BEFORE proceeding further, it may be pointed out that Mr. Mathur learned Counsel for the appellants did not challenge the opinion of Dr. Godara about the cause of death of the deceased Harisingh; We have also gone through his testimony and find no reasons to district his opinion. We, therefore, need not discuss the evidence of Dr. Godara. Suffice is to say that the injuries found on the victim's dead body ware sufficient in the ordinary course of nature to cause death. The death of Harisingh was, thus, not natural but homicidal.