OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appellant Om Prakash has been convicted under section 302, I. P. C. and sentenced to imprisonment for life and a fine of Rs. 200/-in default, two month's further R. I. and Shiyo Prakash has been convicted under section 323, I. P. C. and sentenced to six months' imprisonment (not mentioned whether rigorous or simple) and a fine of Rs. 200/-, in default, one month's R. I. , by the learned Addl. Sessions Judge, Nohar, by his judgment dated 30. 6. 1983. THEy have come up in appeal against their convictions and sentences.

(2.) THE prosecution story briefly stated is that on 10. 3. 82 at about 3. or 3:30 p. m. Ami Lal while on his way to his house, passed near the house of the accused Om Prakash and Shiyo Prakash who happened to be standing in their door, they surrounded him and Om Prakash gave 'kasiya' blow on the head of Ami Lal. Ami Lal's cousin, who was at that time standing out side his house, saw this and ran to rescue Ami Lal. THEreupon, Shiyo Prakash gave a blow with a 'kasiya' on his left hand fingers and another blow on his head and then Om Prakash gave another kasiya blow on the head of Ami Lal, thereupon Ami Lal fell down. At that stage, Madu Ram and Kashi Ram came to their rescue. Ami Lal had lost his consciousness on account of his injuries and was in a precarious condition. Madu Ram and Kashi Ram and some other residents of the village took the injured Ami Lal to Bhadra hospital and Badri Ram proceeded to report the matter to the police. He reached the Police Station, Bhirani at about 5 p. m. and lodged a verbal report to the above effect. He also mentioned that it was on account of an old enmity that Om Prakash wanted to kill Ami Lal and had, therefore, caused him injuries. On this a case under section 307 read with section 34, I. P. C. was registered and the police started investigations.

(3.) AS the learned counsel for the appellants has not challenged the fact that Ami Lal had received the injuries as found on his person by the doctor and died on account of them and the doctor has stated that these injuries, namely, injury no. land 2 which were as under : - "1. Incised wound involving frontal bone 3"x3/4x3/4" verticle on right frontal region, bone cut. 2. Incised wound involving bone 4-1/2-"x3/4"x3/4" - Extending transversely from left to right parietal region bones cut. Left varietal piece (l"xl") separate dura matter of Brain exposed. " were sufficient in the ordinary course of nature to cause death. We need not refer to that part, of the evidence, and we are in agreement with the learned Addl. Sessions Judge that these injuries were sufficient in the ordinary course of nature to cause death, which fact has not been disputed before us by the learned counsel for the appellants.