BAL KISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this appeal, appellants have challenged the judgment dated 15. 10. 2004 of the learned Additional Sessions Judge (Fast Track), Chhabra, District Baran, whereby each of appellants Balkishan, Mograj @ Yograj, Prahlad and Mangu @ Mangilal were convicted and sentenced as under:- Appellant Balkishan u/s. 302 IPC: Imprisonment for life and fine of Rs. 1,000/- in default to further suffer two month's simple imprisonment; u/s. 323/34 IPC: to suffer rigorous imprisonment for 6 months. u/s. 324/34 IPC: to suffer rigorous imprisonment for 9 months. u/s. 341 IPC: to suffer 15 days simple imprisonment. u/s. 379 IPC: to suffer rigorous imprisonment for one year. Appellants Mograj @ Yograj, Prahlad and Mangu alias Mangilal u/s. 302/34 IPC: to suffer imprisonment for life and fine of Rs. 1000/-, each, in default each of them to further suffer rigorous imprisonment for two months. u/s. 323/34 IPC: Each of them to suffer rigorous imprisonment for 6 months. u/s. 324/34 IPC: Each of them to suffer rigorous imprisonment for 9 months. u/s. 341 IPC, accused Moghraj and u/s. 341/34 IPC accused Prahlad and Mangu alias Mangilal, to suffer simple imprisonment for 15 days each. All the sentences were ordered to run concurrently.

(2.) BRIEFLY stated, the prosecution case is that on 1. 2. 2001 at 9. 20 p. m. at Government Hospital Chhabra, `parcha Bayan' of the injured Ranglal, resident of Govindpuri was recorded by Sub- Inspector Tej Singh, Police Station Chhabra.

(3.) AS per post mortem report (Ex. P. 13) the following ante mortem injuries were found on the body:- &nbsp&nbsp&nbsp&nbsp&nbsp" (1) Incised wound 10 cm x 2 cm x 3 cm parieto occipital region of skull centrally placed anterior posteriorly. (2) Abrasion 3 cm x 2 cm right upper forearm posteriorly. (3) Abrasion 2 cm x 1 cm right side of forehead above eyelid. (4) Abrasion 10 cm x 2 cm right scapular and infra scapular region posterior. " In the opinion of doctor, the cause of death was coma as a result of head injury.