RANIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 2.6.1982 passed by the learned Additional Sessions Judge, Sirohi convicting the accused appellant of offence under Sec. 304-II Penal Code and sentencing him to 6 years R.l.

(2.) The prosecution case is that on 4.9.1980 Nava Ram PW 7 lodged a FIR at Police Station Kalandari stating inter alia that on 3.9.1980 at the time of sunset when he was serving foder to the cattle in his house, his wife had gone to collect the grass. She returned and reported that his brother Gomaji has been belaboured by the accused Rania and as such he is lying injured near the 'Ramdev' temple. He immediately rushed to the Ramdeo temple where he found his brother Gomaram lying on the road in the injured condition. Many people including Jaisa, Chanda and Narsa had collected. On enquiry Gomaram disclosed that he was returning from the field sitting on the bullock cart. When he reached near the Ramdeo temple, the accused Rania came armed with a lathi and asked him to pay Rs. 10.00 for grazing his cattle in his field. On which he asked him to collect said amount of Rs. 10.00 from Joring as cattle were grazed by him. He thus denied to pay Rs. 10.00 to the accused Rania. On this, accused Rania gave a lathi blow on his back. He gave another lathi blow which struck on his thigh. On account of which, he fell down. The informant also stated that Gomaram was complaining pain on the thigh. The injured was taken to Kalandari hospital in a tractor by Navaram, Chamnaji, Jaisa and Narla etc. The injured was admitted in the hospital at Kalandri. The injury report was prepared by Doctor on the same day. He found 5 simple injuries on his person caused by blunt object. He did not notice any external injury. He however, noted that Gomaram was complaining pain on the neck & chest. The doctor referred Gomaram to hospital at Pali. On 5.9.1980 Gomaram was radiologically examined. On seeing X-Ray, PW 15 Doctor R.C. Dinkar found fracture of lamina pedicle junction and spinal processes of 5th, 6th and 7th cervical vertebrae. As the condition of the injured was critical, he was taken to Ahmedabad for further treatment. He died in Ahmedabad on 10.9.1980. PW 14 Dr. Nayn Shah conducted the Post-Mortem. He found that there was haematoma in soft tissue over back around 2nd to 7th cervical vertebrae. With respect to the spinal cord, Doctor found that there was fractures of lamina of second, third, fourth, fifth, sixth and seventh cervical vertebrae. He also found compression fracture of cervical 5th vertebrae. In his opinion the deceased died due to laceration of spinal cord following compression fracture of cervical vertebrae and terminal bronchopneumonia. The police after usual investigation laid charge-sheet against the appellant of offence under Sec. 304 II IPC.

(3.) The appellant was charged of offence under Sec. 304-II IPC. He pleaded not guilty and claim trial. Prosecution in its support examined 15 witnesses and produced number of documents. The Trial Court found that the accused gave 4 to 5 blows to the deceased Gomaram. On account of which, he fell down. The court also held that the said act was done with knowledge that it may cause death. In view of the finding, the learned Judge convicted the appeliant of offence under Sec. 304-II Penal Code and sentenced as stated above.