NANCHHU RAM & MANNI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) One Gangaban died on 26th Jan., 1987. The first information report was lodged about the incident which took place between him and the accused persons and in this it has been mentioned that there was a dispute about the flow of water upon which, the petitioner Manni first started abusing Ganga Bux. The other accused came running Kalu had a Lathi and stones. Chittar had a lathi. The complainant took the lathi, then Manni petitioner caught hold of the neck of Ganga Bux and Nanchu Ram was also holding Ganga Bux open the back and then Manni started giving blows by shoes. During this time, stones were also thrown. By this time, Ganga Bux become unconscious and he was first taken to a Vaidhya but he was not at the home then he was taken to the Govt, hospital. Choumu. where one injunction was given to him. Thereafter, he was advised that Ganga Bux should be taken to Jaipur and when he was brought here, he was declared dead.

(2.) Post-mortem was conducted and the only injury was found on the body of the deceased was one abrasion 2.5 Cm x 1/2 Cm. with clotted blood seen over it placed obliquely on dorsal aspect of left wrist joint. This injury was anti-mortem and there was no other injuries. The doctor could not ascertained the cause of death so he preserved visceras for chemical analysis but on chemical analysis no poision of any kind was found.

(3.) The learned Sessions Judge has framed charge for the offence under Sec. 304 part II Penal Code against the two petitioners while the other accused were discharged. These petitioners have challenged this order by which charge has been framed.