BHOJA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being aggrieved by the judgment and order of conviction passed by the learned Addl. Sessions Judge, Phalodi in Sessions Case No. 10/95 on 28-9-96, the appellant named above has preferred this appeal on the ground mentioned in the memo of appeal.

(2.) Facts giving rise to this appeal stated briefly are that on 24-12-94 in the night intervening between 23rd and 24th of December, 1994, one Bhagirath was found assaulted and dead and therefore, police were called. The first information report No. 98/94 was registered in relation to this happening on 24-12-94 itself and investigation commenced.

(3.) Thereafter, the police came on site and sent the dead body for post-mortem which was conducted on 24-12-94 itself. It was opined by the Doctor performing the post-mortem that death of Bhagirath was caused due to severe bleeding through the injuries caused to him on the head and stomach. On the same day, therefore, the dead body was handed over to Bhoja Ram, the father of the deceased by the police. No arrest was effected in pursuance to the first information report No. 98/94.