HANUMAN BHAT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant Hanuman Bhat has been convicted by the learned Sessions Judge. Ganganagar under section 302, Indian Penal Code, for committing the murder of Teja Singh by intentionally driving a truck over him, and has been sentenced to imprisonment for life. Aggrieved by the conviction and sentence Hanuman Bhat has filed this appeal.

(2.) THE prosecution case is that the deceased Teja Singh was also a driver of one of the trucks, which used to ply at Sangariya. On Nov. 13, 1971, there was a quarrel between P. W. 2 Hanuman Pandit and one Rampratap, who are also drivers of trucks regarding the turn to load goods on their respective trucks. Teja Singh supported Hanuman Pandit and the accused supported Rampratap. This quarrel took place at about 11 A. M. but the heat generated between the parties did not subside It is said that at about 8. 45 pm. that day, Teja Singh (deceased) and P. W. 2 Hanuman Pandit were walking on the road infront of the petrol pump, situated at the truck stand, in village Sangariya. Teja Singh was going 5 to 6 'pawandas' ahead of Hanuman Pandit (P. W 2 ). P. W. I Omprakash was also walking on the other side of the road which runs between Sangariya and Hanumangarh in front of Ramdevji's temple which has been shown as No. 3 in the site-plan Ex. P 5 prepared during the course of investigation. THE accused came driving the truck No. HRH 5980 from the side of Hanumangarh and seeing P. W. 2 Hanuman Pandit, on the way, tried to drive the truck over him, but Hanuman Pandit managed to jump into an enclosure nearby and thereby saved himself. THE deceased Teja Singh seeing the truck coming on him, climbed a raised plat-form (chabutra) marked No. l in the plan, contiguous to Ramdevji's temple, but the accused drove the truck over the 'chabutra'. THE truck struck against Teja Singh, who fell down and raised a hue and cry. P. W. 1 Omprakash and another person Birbal, who was also walking on the road, ran towards the 'chabutra' along with Hanuman Pandit to look after Teja Singh, but meanwhile, the accused brought that truck again over the 'chabutra' after taking a turn at some distance. THEreupon, P. W. 1 Omprakash and P. W. 2 Hanuman Pandit and other persons fled from the 'chabutra', but Teja Singh, who was lying there was run over by the truck and badly wounded. THEreafter the accused drove the truck towards Hanumangarh side. THE injured Tejasingh was taken to the Goverment Hospital, Sangariya in truck No. 7633, belonging to Omprakash. Tejasingh expired in the hospital at 10. 20 p. m. but before his death his dying declaration was recorded by the Investigating Officer and a copy of the same has been put on the record and marked Ex. P. 13. A first information report of the occurrence was lodged by P. W. 1 Omprakash at police station, Sangariya at 9. 30 p. m. and P. W. 9 Hanuman Datt, Station House Officer-in-charge-police station, Sangariya took up the investigation, left for the place of occurrence and after carrying out necessary investigation, prosecuted the accused to face the charge under section 302, Indian Penal Code, for murder of Teja Singh.

(3.) THAT the deceased Teja Singh died on account of injuries caused to him by the impact of the truck, at the relevant time when it was being driven by the accused, is a matter beyond doubt, and, in fact, has not been challenged before us. The post-mortem examination of the deceased took place on November 14, 1971, and the following injuries were found on his body: - (1) One bruise 2 1/2" x1/2" on right shoulder upper part. (2) One bruise 2" x 3/4" above the left eyebrow. (3) One bruise 3" x J" on left side lower jaw. (4) One abrasion 2" x 1/2" on back lower right thoracic region. (5) One abrasion 3" x 1" on right superior anterior illiac crest. (6) One abrasion 5" x 1/3" x 1/3" on abdomen right lumber region. (7) One abrasion l 1/2"x 1/2" on right buttock lateral side. (8) One abrasion 3" x \" on right posterior superior illiac crest. (9) One abrasion 1" x 1" on left buttock. (10) One abrasion 3 1/2" 1/2" on lateral side right knee joint. (11) One abrasion 3 1/2" x 1" on left thigh upper one third. (12) One abrasion 2 1/2" x 1/2" on lateral side left lower arm upper one third. (13) One abrasion 1 1/2" x 1/2" on left shoulder inner side. " "injury No. 5,7,8, caused the fracture of right hip bone and of vertebral column and dislocation of right hip joint. "