CHUNNILAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this appeal under Section 374 (2) Cr. P. C. , the accused-appellant has challenged the judgment dated 22. 6. 1985 passed by the learned sessions Judge, Ajmer in Sessions Case No. 45/85 whereby he has been convicted under section 325 IPC and awarded sentence of one year rigorous imprisonment and a fine of Rs. 200/-, in default of which, to further undergo one month rigorous imprisonment.

(2.) THE instant case came to be initiated on the report lodged by Pannalal on 14. 3. 1985 at Police Station Alwar Gate, ajmer. The said report was in respect of an incident which had taken place at 9. 30 pm on 11. 3. 1985. It has been stated in the report that in the house of the complainant, accused Chunnilal was residing as a tenant. Further, it is stated in the report that at around 9. 30 p. m. in the night when the tenant Chunnilal was asked to put off the light, he started abusing and came out of the house. Thereafter the other tenants in the house also came after hearing the hue and cry. According to the informant, the accused Chunnilal had caught hold of his right hand, twisted it and pushed him after giving beating with fist. As a result of it, he complained of pain on right side of the hip and on his right hand. Thereafter, the informant Pannalal went to the police station alongwith his son, for lodging the report.

(3.) AS the police did not find any external injury on the complainant, a formal report was not registered and it was only entered in the 'roz namcha'. Thereafter the informant Pannalal was got medically examined which revealed that he sustained two injuries, which were swellings. However at about 7:20 a. m. on 14. 3. 1985, the informant pannalal died and as such, a first information report came to be registered for the offence under Section 304 IPC. Thereafter the investigation commenced and after collection of evidence, police filed challan against the accused-appellant for the offence under section 304 IPC. It may be noted that after the death of Pannalal when his post-mortem was conducted, it was found that he was a chronic patient of tuberculosis and his both lungs had been damaged. It was also found that both the kidneys of Pannalal had nearly failed. In one of the kidneys, there were ten pieces of stones, out of which, two were of the size of 5 x 3 x 2 cms. In the left kidney, also two stones of small sizes were found. The accused-appellant was arrested during the course of investigation.