LAL CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these appeals are directed against the judgment and order dated December 19, 1995, convicting the appellants of the offences sections 302 and 302/34, I.P.C. and Sentencing them to imprisonment for and a fine of Rs. 100/-, each. We propose to dispose of both these appeals his common order.

(2.) The prosecution case in brief is on October 20, 1988 at about 8.00 the deceased Shyam Lal was sitting in his house alongwith his father PW 11 Narayan, his mother PW 2 Chunni Bai, his brother PW 3 Dalu Ram and the daughter of his sister. It is alleged that both the appellants came to the house of the deceased and started hurling filthy abuses. It is further alleged that PW 3 Dal chand came out of his house and scolded them for burling filthy abuses as there were ladies inside the house. The prosecution case further is that at that time the two appellants retired but they again came back and called PW 3 Dal Chand but Dal Chand did not come out of the house as he was taking meal with other members of the family and it was the deceased Shyam. Lal, who came out of the house. It is further alleged that as soon as Shyam Lal came out of the house Lal Chand, appellant, opened an assault upon him with a knife/sword (Churi) and caused him several injuries. Shyam Lal, deceased, raised an alarm which attracted the other members of the family from inside of the police and possibly; some neighbours also but the two appellants ran away from the place of occurrence.

(3.) Shyam Lal, injured, was immediately removed to the hospital at Ram Ganj Mandi where PW 8 Dr. Surendra Mohan Mathur examined him and gave him first aid. Dr. Mathur noticed the following injuries on his person: Dr. Mathur advised-ray examination of injury Nos. 1 to 3 and referred injured to the MBS Hospital