DURGA SHANKER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) D .B. Criminal Appeal No. 560/74 and D.B. Criminal Jail Appeal No. 689/74 filed by Durga Shanker arisa out of one and the same judgment of the learned Sessions Judge, Udaipur, dated 27 -8 -1974 by which the appellant was convicted under Sections 302 and 324 IPC and was sentenced to undergo imprisonment for life and to pay a fine of Rs. 100/ - and in default to further suffer rigorous imprisonment for three months on the first count and on the second to suffer rigorous imprisonment for six months for causing simple injuries to Smt. Noji with a sharp edged knife. The sentences on both the counts were, however, ordered to run concurrently.

(2.) THE prosecution case against the appellant was as follows : The appellant wanted to run a shop situated near the temple of Radheshyam deity in front of the Court premises at Udaipur. Shri Narainlal PW 9 was running a tea stall in that shop after taking it on lease from its owner. As the appellant was desirous of running that shop, he approached Sohanlal deceased and the latter to assist him in having the shop. Sohanlal, thereupon called Narain Lal PW 9 about )5 days prior to the occurrence and asked him to give the possession of the shop to the appellant. Narainlal agreed to handover the possession of the shop to the appellant and received a sum of Rs, 200/ in advance from him and later on handed over the possession of the shop The shop was run by the appellant for a couple of days and thereafter it was closed. The appellant demanded the sum of Rs. 200/ -from Narainlal, but the latter refused to make the payment. The appellant then went to the house of Sohanlal deceased on 7th April, 1974, at about 7.30 P.M. and called him out from inside the house. Sohanlal came out of his house and asked the appellant why he has come. The appellant asked Sohanlal to exert his influence on Narainlal for returning the sum of Rs.200/ -to the appellant. Sohanlal refused to bring any pressure on Narainlal for the return of the money. This led to an exchange of hot words between the two and it was alleged that the appellant took out a knife and stabbed Sohanlal thrice with it. When two injuries were caused by the appellant one on each shoulder of Sonanlal, Mst. Noji, wife of Sohanlal, came there and tried to rescue her husband, but the appellant gave her also a knife blow Then Sohanlal's brother Kishanlal also reached there and tried to save his brother, but the appellant struck a blow on his back also with his knife Then the appellant ran away from there after leaving his 'chappals' and the cycle which he had hired from Champalal PW6. The physical condition of Sohanlal was serious and so he was removed to General Hospital Udaipur. Shri Prabhulal Teli Sarpanch, Panchayat Udaipur, came to the hospital to find out as to what had happened. Kishanlal, brother of Sohanlal, narrated the whole of the incident to Prabhulal, who thereafter went to Police Station Dhan Mandi Udaipur and lodged the report of the incident with the Police the very day at about 9 PM On the basis of the report, a criminal case under Sections 307 and 324 IPC was registered and the usual investigation was commenced. The injuries of Sohanlal and Mst Noji were examined by Dr. S.S. Bakshi at the hospital Upon examination Dr. S.S. Bakshi found the following three injuries on the body of Sohanlal: (1) Incised wound with clean out margins and having bleeding and emphysema surgical 3/4''x 1/4' cavity deep on the left side of chest at the l1th of inter coastal space. (2) Incised wound with clean cut margins and bleedings 3'x 3/4' muscle deep on the right shoulder anteriority. (3) Incised wound with clean cut margins and bleeding 1' x 1/2' muscle deep on the left shoulder posteriori). Dr. Bakshi was of opinion that injuries Nos. 2 and 3 were simple in nature and for injury No. 1 he reserved his opinion after X -ray examination. According to the doctor, all the injuries were caused by a sharp edged weapon and were received within half an hour. As the patient was in condition of shook, he was admitted in the hospital and taken to the operation theatre where an operation was performed on him by Dr. Khatri PW12 in the presence of Dr. S.S. Bakshi PW 1. In the course of operation, it was found that there was a cut in the stomach of the size of 2 cm. and a cut in the left lobe of the lever. The injury, therefore, was, in the opinion of Dr. Bakshi, grievous and dangerous to life as it had but vital organs. However, upon X -ray examination, do fracture of the rib was detected.

(3.) LATER on Sohanlal died in the hospital on 20th April, 1974 After his death an autopsy was conducted over his dead body by Dr. G S. Purohit PW 2 the very day on 20th April 1974 arid so the case was altered from under Section 307 IPC to a case under Section 302 IPC by the Police. Dr. G S. Purohit found the same external injuries on the dead body as were detected by Dr. Bakshi during the life time of the deceased. Besides those injures, Dr. Purohit found an additional incised wound over l/2'x 3/4' muscle deep over medial aspect of upper part of right leg and an operation wound. On opening the abdomen, Dr. Purohit found that there was repair of the stomach on the interior aspect and there was a cut of the left lobe of the lever which had been repaired and blood was oozing out. According to Dr. Purohit, the injury to the lever was sufficient in the ordinary course of nature to cause death but as the lever was repaired upon operation, Sohanlal survived from 7th April, 1974 to 20th April 1974. As to the cause of death Dr. G.S. Purohit opined that Sohanlal died because of peritonitis which had developed due to injury to the lever.