MISHRI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 5th December, 1985 passed by the Addl. Sessions Judge, Baran in Sessions Case No. 134/83 by which, the learned Judge convicted the appellant Ram Kishan under Section 302 and sentenced him to undergo imprisonment for life and a fine Rs. 200/ -, in default of payment of fine, to further undergo two months rigorous imprisonment. He also convicted the appellant Mishri Lal for the offence under Section 302 r/w Section 109 IPC and sentenced him to life imprisonment and a fine of Rs. 200/ -, in default of payment of fine, to further undergo two months rigorous imprisonment.

(2.) THE facts of this case briefly stated are that the Head Constable Kartar Singh recorded the Parcha Bayan of Mangi Lal s/o Nathu Lal at the Government Hospital, Chhabda. This statement was recorded in presence of the Medical Officer who made an endorsement on the Pareha Bawan that the injured was capable of giving statement. After recording the statement and before Mangilal could put his signature on it he expired. In this Parcha -bayan Mangilal stated that the incident took place at about 8 p.m. on 26 -9 -83 when he was sitting on the Doli outside his house. His wife with inside the house. He asked Ram Kishan not to harass him mother because he is the owner of the property and it is his sweet will to dispose it according to his will. Ram Kishan told as to how he will dispose of the properly and thereafter Ram Kishan inflicted knife blow on the left side near the axilla and then further inflicted two knife blows. After receiving injuries he cried and on hearing the cries Ram Chandra Kauli and Jagdish Kauli came and rescued him. He was brought in the hospital by these persons. On the basis of his parcha -bayan FIR was prepared and case under Section 302, IPC was registered.

(3.) DR . Mahendra Srivastava PW 7 conducted the post mortem on the dead body of Mangi Lal. According to his report, Mangi Lal had three stab wounds as mentioned in post mortem report Ex. P. 15. The doctor found that when Mangi Lal was admitted in the hospital he was having profuse bleeding and restlessness and was found to have peripheral circulatory failure. In his opinion the cause of death was haemorrhagic shock due to injuries to major vessels.