MOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This is an appeal filed by one Mohan against the judgment of the learned Sessions Judge, Partabgarh dated Nov. 30, 1974 by which the appellant was convicted under section 302, Indian Penal Code, and sentenced to undergo imprisonment for life and the other co-accused viz. Tulsa, Nathia, Panna and Madhia were acquitted of the charge uuder section 302 read with section 149, Indian Penal Code. It will not be out of place to mention that the State has lot preferred any appeal with the leave of this Court against the acquittal of the co-accused.

(2.) The prosecution case against the appellant was as follows :

(3.) A report of this incident was lodged by Heera Nath with the police at police station, Nimbaheda on May 9, 1973 at 4 A. M. On the basis of the report the police registered a criminal case under section 302, Indian Penal Code, and took up the usual investigation into the matter. The police went to the spot inspected the site and sent the dead body of Bherun Nath to the medical-officer-in-charge, Government Hospital, Nimbaheda for post-mortem examination. Dr. Hari Singh conducted an autopsy over the dead body of Bherun Nath and found the following ante-mortem external injuries on it:- <FRM>JUDGEMENT_34_LAWS(RAJ)8_19791.html</FRM> Upon dissection of the body, he detected fractures of left temporal bone, left parietal bone, right temporal bone, and right parietal bone. He noticed subdural haemorrhage also which was extensive over both sides. In his opinion Bherun Nath died on account of shock caused by head injuries and sub-dural haemorrhage over both sides. Dr. Hari Singh examined the injuries of Heera Nath, Manga Nath and Gulab Nath also, which are mentioned in his report.