ASHOK KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The learned Additional Sessions Judge, Baran under his judgment dated May 18, 1979 convicted the accused-appellant under Sec. 304 Part II Penal Code and sentenced him to undergo rigorous imprisonment for four years and a. fine of Rs. 1,000.00 or in default of payment of fine, to further suffer six months rigorous imprisonment. The accused-appellant has also been convicted under Sec 324 Penal Code and has been sentenced to undergo rigorous imprisonment for two years and a fine of Rs 1000.00or in default of payment of fine to further suffer rigorous imprisonment for six months. Both the substantive sentences were ordered to run concurrently.

(2.) One Ramesh Chand Punjabi by caste resident of Chhabra obtained a permit from the R.T.O. Kota to ply a taxi (No. RSR 9365). The said taxi was to be plied in between Chhabra City and Chhabra Railway station. Prior to the issue of the aforesaid permit to the above Ramesh Chand about 20 Tongawalas used to operate in between Chhabra City and Chhabra Railway Station and there is sufficient material on record that by the issue of permit to Ramesh Chand to to ply the taxi on the above route, the Tongawalas became angry and their temper had risen. On April 29, 1973, at about 3 p.m. Ramesh Chand was operating between Chhabra Station to Chhavra City and the Tongawalas took an exception the plying of the tempo on the route There was some altercation and some, incident took place Again at about 8 p. m. on the same day i.e. April 29, 1978 Ashok Kumar, accused-appellant was driving the said tempo The Tongawalas t made an attempt to stop the accused-appellant from plying the tempo and for that purpose the tempo was encircled by Tongawalas. It is alleged that the accused-appellant struck his tempo against many shops and damaged the same. The tempo was taken and was made to stay there. The case of the prosecution further is that the accused-appellant armed with a knife came from nearby lane and caused injuries to Munnu Khan, Abdul Aziz and also to Nosha. It may be stated that Madanlal a boy aged 15-16 year happened to come on the spot and as per the case of the prosecution the appellant stabbed him and Madanlal died and thereafter post-mortem was also conducted.

(3.) Dr. T.R. Sikadar P.W. 20 was posted as Medical Officer Chhabra on April 29, 1978. He examined Naimul Haq who was found to have one injury-incised wound stabbing in nature 1" z 1/4" xx" on the right side of the chest in between the 7th 8th rib 2" away from the mid line The injury, in the opinion of the doctor, was simple at that time, but still X-ray was advised. He also examined Madanlal deceased who was having a incised wound stabbing in nature "1/2 x 1/2 x 3" on the right side of the abdomen 2" lateral to the ambilicus 1/2" above the parellal line intestine wallas protruded through the wound. The injury was grievous and was caused by sharp pointed object within 4 hour to 6 hours. The doctor advised X-ray for that injury. Madanlai died and Dr. S.S. Bakshi conducted the autopsy on his dead body on May 3, 1978. He noticed that there was operated wound opposed by 15 threat sutures on the right paramidial region and a cut wound through which a rubber drain was coming out on the abdomen right side. On internal examination the doctor found that the abdomen was slightly distended The peritoneum was redish in colour and was adherent at the serum. The small intestine showed stitched parts in the jejunum at 4 places, near the diodunium. Rest all organs were found healthy and congested. In the opinion of the doctor the cause of death was paritonities due to injury to the abdomen He further clarified that both the external injuries were surgical wounds when but examined The deceased developed peritonitis because of the injuries to the intestines thereby bringing out the facal matter in the abdominal cavity, On examining Gaffar Khan Dr. Sikder found that there was one bruise 21/2" on the left side of the mendable. On examining Noshey Khan the doctor found two injuries on his person-