- (1.)BY this appeal, the appellants assail their conviction under Section 302 of the Indian Penal Code read with Section 34 thereof and the sentence of imprisonment for life awarded thereunder.
(2.)THE incident dates back to 13-3-1994when deceased Dulesingh had visited Nagda. It is alleged that on 14-3-1994, at about 8. 30, Fatta Bagri of Village Khajuria informed Nagu (P. W, 4) that Dulesingh was lying on the side of the pond. Nagu, Dulesingh's son Kunwarji (P. W. 2) and Gopalji (P. W. 5), therefore, rushed to the place and finding that he was lying in a badly injured condition, he was given water. On regaining consciousness, Dulesingh informed them that he was coming at about 8. 00 p. m. , the previous night alongwith accused Mangu, Jeevan, Bhagwan and Mohan to Nagda, but these people betrayed him and belaboured him with sticks and ran away. Mangu struck him with stick on his head. He kept lying there unconscious. He was taken to the Police Station in a bullock-cart. He had become unconscious on way. On reaching Police Station, Nagda, Nagu (P. W. 4) lodged report (Ex. P-6) in which he gave narration of the dying declaration made by Dulesingh. Requisition (Ex. P-7) was sent alongwith the injured and Dr. Jajoo (P. W. 1) examined Dulesingh at 10. 00 o'clock in the morning and found following injuries on his body:
(1) Lacerated wound 0x8 forehead central posterior 2 cm x 2 x 2 bony fracture. (2) Multiple bruises 0x8 left arm anterior surface in area size 10 cm x 10 cm middle l/3rd. (3) Abrasion left arm in middle and lateral 6 x 18, 2 1/2 x 2 cm. (4) Abrasion 7 cm x 1 cm left forearm middle l/3rd vertical. (5) Lacerated wound 2 cm x 1/2 x 1/2 over left forearm posterior side. (6) Abrasion 3 cm x 2 cm, 0x8 left writ posterior side. (7) Bruise 6 cm x 2 cm on left forearm upper l/3rd transverse. (8) Whole left forearm swells up suspected fracture radius ulna. (9) Abrasion 2 cm x 1 cm, 0x2 left palm posterior side. (10) Swelling over whole left palm suspected of fracture/dislocation of metacarpus bone. (11) Bruise 10 cm x 3 cm below left inquinal region near scrotum. (12) Bruises 20 cm x 10 cm on left hip overlapping each other. (13) Multiple bruises 0x8 whole left back. (14) Bruises 15 cm x 3 cm on left side chest vertical (15) Bruise 16 cm x 3 cm on left side of chest below nipple. (16) Bruise 12 cm x 3 cm on left side of abdomen. (17) Bruises multiple in area 15 cm x 10 cm over middle of left thigh ant. surface. (18) Abrasion 21/2 x 1 cm left thigh upper. (19) Abrasion 2 1/2x1 cm left thigh upper side. (20) Abrasion 2 x 2 cm over left knee. (21) Abrasion 2 x 2 cm below left knee. (22) Three lacerated wounds one above another in middle 1/3 area of left leg. Anterior surface each size about 2 cm x 1/2 x 1/2 cm each. (23) Lacerated wound 10 cm x 11/2 cm x 1 cm over right leg middle 1/3 anti surface. (24) Lacerated wound 5 cm x 1 cm x 1/2 right leg below knee anti surface. The medical report given by Dr. Jajoo is Ex. P-l
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(3.)DULESINGH succumbed to his injuries on the same day. Requisition (Ex. P-2) was sent by the police for his post-mortem of which post-mortem report (Ex. P-3) was given by Dr. Jajoo (P. W. 1 ). According to the report, there was a fracture in the frontal bone, also fracture of radius and ulna and metacarpals were also found fractured. According to the opinion of the Doctor, the death of Dulesingh occurred on account of haemorrhagic shock secondary to head injury and the death was homicidal.