NARAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SHRI Narain and Lachh-man, sons of Shiv Prashad, residents of village Mahurpura, P. S. Bandikui, were tried by the learned Additional Sessions Judge, Dausa on the charge of murder of Bakshi Gujjar, a covillager, punishable under Section 302, Indian Penal Code and of causing hurt to Mulchand and Ram Chand, residents of the same village, punishable under Section 323, Indian Penal Code. By his order, dated December 1, 1975, the learned Judge convicted the two brothers of the charge of murder and sentenced each of them to imprisonment for life under Section 302, Indian Penal Code. They were acquitted, by implication, of the other charge under Section 323, Indian Penal Code.

(2.) THE case of the prosecution which resulted in the conviction and sentence of Shri Narain and Lachhman, as aforementioned, is that on July 17, 1974, at about 8 or 8-30 A. M. , a quarrel took place between the two accused on one side and their brother Ramchandra P. W. 8, on the other, and that the quarrel escalated into a fight involving exchange of club blows. It is alleged that Bakshi deceased arrived there and asked the accused to stop beating Ram Chandra. The accused resented this interference by Bakshi. They gave a lathi blow each on the head of Bakshi, thus felling him on the ground. Mul-chand, P. W. 1, who is brother of Bakshi deceased, went forward to help his fallen brother. Accused Shri Narain struck a lathi blow on Mulchand's left hand. The occurrence was witnessed by P. Ws. Nemi Chand alias Ram Chand, Moti and Raghubir. The P. I. R. was lodged by Mulchand P. W, on the same day at 11. 40 A. M.

(3.) RELYING, inter alia, on the testimony of P. Ws. Dr. Radhey Shyam, Mulchand, Nemi Chand and Birbal, the learned trial Judge came to the conclusion that Bakshi died on account of shock due to grievous head injuries involving fractures of the left and right parietal bones and also of the frontal bone and that these injuries were inflicted by Shri Narain and Lachhman accused with blunt weapons. The learned Judge found them guilty of the charge of murder because in his opinion, they had attacked Bakshi and caused grievous hurt to him, smashing his parietal and frontal bones into pieces in a premeditated manner, with the intention of causing such injuries as were most likely to cause death. Consequently, the learned Judge convicted and sentenced both the accused under Section 302, Indian Penal Code.