MISARA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Misra has been convicted under Section 304, Part -II, IPC and sentenced to 7 years' rigorous imprisonment with a fine of Rs. 200/ -, in default of payment of fine, further rigorous imprisonment of two months by the learned Sessions Judge, Jalore by his judgment dated 19th December, 1985. Aggrieved of this judgment, the appellant has filed this appeal through jail.

(2.) I have heard learned Amicus Curiae and the learned Public Prosecutor and have gone through the record.

(3.) THE learned Sessions Judge has found that the fact that accused inflicted blows with a spade on the person of Govind Ram on April 25 1985 is amply established by direct evidence of PW 2 Hari Ram and PW 3 Chaman Lal, who had reached the spot while Misra was inflicting the blows on Govind Ram and it is fully corroborated by the evidence of Jai Shanker son of Govind Ram, to whom, Govind Ram had narrated the story when he reached the spot. As Govind Ram was in serious condition at that time and later on died, the dying declaration made by him orally before Govind Ram is, therefore, admissible and corroborates the direct evidence. He has further found that this fact further stands corroborated by the medical evidence given by Dr. M L. Rajpurohit, who examined Govind Ram when he was first brought to the hospital at Sanchore and had found the following injuries on his person: