MUKUT BIHARI & ORS. Vs. STATE OF RAJ.

JUDGEMENT

(1.) This appeal Under section 374(2) of the Code of Criminal Procedure, 1973 (the Cr.P.C.) is directed against the judgment and order dated June 20, 1994, whereby the learned Addl. Session Judge, Baran, in Sessions Case No. 4/94 (old No. 239/93), convicted and sentenced the appellants as under: <FRM>JUDGEMENT_57_LAWS(RAJ)8_1998_1.html</FRM> The sentences of imprisonment awarded to Mukut Bihari appellant were directed to run concurrently.

(2.) The relevant facts are these :

(3.) Dr. Ajai Johri (PW 18), the then Medical Officer 1/C Govt. Dispensary, Nahargarh conducted the autopsy on the dead body of the deceased Smt. Samudra Bai at 9.00 AM on 18.10.93 and noted that she was a young lady with well built body and 28 years of age. At the time of the post mortem examination, she was noticed to have bled from both of her ears, nose and mouth. She was having a swelling with haematoma 10 cm x 10 cm on the frontal area of her skull, one lacerated would 3 cm x 1 cm bone deep on centre of her head 7 cm above the right ear, one bruise 8 cmx3 cm on right infra mammary area of chest, one incised wound 3 cmx2 cmx 1 cm, oblique, 5 cm. above the wrist, on volar aspect of left fore-arm and an abrasion 2 cm x 1 cm, superficial, on lateral aspect of left knee at the level of upper pole of patella. All the injuries were ante mortem in duration caused with blund weapon except the incised wound which was caused with some sharp edged weapon. On opening the dead body of the deceased fracture of frontal bone extending from mid suture line to the base of skull, both sides, with sub-dural haematoma 10 cm x 10 cm, was found present on right parital area, pressing over brain tissues. Dr. Johri opined that the head injury had led to sub-dural haematoma and fracture of the base of the skull of the deceased resulting in coma and death.