SANWARMAL Vs. STATE

JUDGEMENT

(1.) Learned Sessions Judge, Jhunjhunu, under the judgment dated, Oct. 12, 1978, convicted the accused appellant under section 307 Part-II, I.P.C. and tllf Reused to 31/2 years rigorous imprisonment and to pay a fine of Rs. 200.00. In default of payment of fine to further undergo 2 months rigorous imprisonment.

(2.) In short, the case of the prosecution is that on 12th Nov. 1977, PW1, Girwar Singh had taken the camel belonging to the accused-appellant and after tying the camel near the shop of PW4, Ram Avtar. PW1, Girwar Singh was taking meals at the shop of PW3, Sugan Singh. Accused-appellant came there with an iron rod, which is meant for operating the jack of a truck. It is alleged that the accused appellant gave a blow with iron rod on the head of PW1, Girwar Singh and also caused other injuries. Girwar Singh was lying injured Somebody informed the police that a person with injuries on his head was lying unconscious near the liquor shop. A report No. 169 was lodged at police out-post Mukand Garh. The In-charge of the police Station deputed constables, namely, Sawai Singh and Bhusa Singh to go to the spot and make arrangements to send the injured to Hospital. Vijay Singh, Head Constable also reached outside the liquor shop. 'Parcha Bayanof the injured Girwar Sin^h was recorded and the injured was sent for medical examination. Dr Dinesh Singh, P W. 5, examined the injuries of the injured and found that there was a lacerated wound 11/4" x 1/2" x 1/2" on the left part scalp 3" away from the ear There was also contusion 6" x 3/4" on the middle part of the back The doctor also found a contusion 5" x 3/4" on the middle part of back of the injured Injury No was found to be grievous while rest of the injuries were simple in nature. All the three injuries appeared to have beep caused by some blunt not and all the injuries were fresh. The doctor advised for X-ray He has also stated that as per the X-ray report the injury No. 1 was grievous and was sufficient in the ordinary course of nature to cause death.

(3.) Accused was tried and he pleaded not guilty to the charges Prosecution examined as many as 8 witnesses. Accused was examined under section 313 Cr. P.C. and he came with the plea that his camel was stolen away and Rameshwar Jat, Bhanwar Ji Moola Dhabai and Ram Kumar Meena had gone in search of the camel. In cross-examination of the witnesses, the defence came out with the case that the camel was stolen away and its owner, the accused appellant had gone in search of the camel.