HARI NARAIN Vs. STATE

JUDGEMENT

(1.) THESE are two appeals from an order of the Additional Sessions Judge No. 1, Jaipur City, by which Harain was convicted under Section 304 Part II, I.P.C. and sentenced to there years' rigorous imprisonmenet and find a fine of Rs. 500/ -, in defaedt thereof six months' rigorous imprisonment was awarded; and Bashir Beg was acquitted of the charge Under Section 302 read with Section 109 I.P.C. One appeal is by Hari Narain convict for his acquittal and other appeal is by the state seeking the conviction of Hari Narain Under Section 302 instead of Section 304 Part II and for convicting Bashir Beg Under Section 302 read with 109 I.P.C. The appeal against Basber Beg was disissed in limine. Both there appeals relating to Hari Narian are disposed of by order.

(2.) BHOJRAJ deceased had a shop at the fourth crossing of Khajane -walon -ka -Rasta Jaipur. On 8.4.69 he came from his house which was situated in Rasta Bhindan to open his shop at about 6 00 in the morning. His son Ashok Kumar was with him. Ashok Kumar after taking a soap cake went back to his house for getting ready for going to school. In the meanwhile Mamraj an employee of Parasrarn brother of the deceased went to the shop of Bhojraj to ask for Rs. 20/ - from him on behalf of Parasram. Ashok Kumar by that time had come back to go to school Bhojraj asked him to tell the house of Ramcharan Lal Gupta who owed him Rs. 20/60 paise for ghee. Ashok Kumar asked his father to go with him. Mamraj remained at the shop and Bhojraj went with Ashok Kumar to the house of Ram Charan Lal Gupta. It appears that he recovered the money from him and was going back to his shop. While he was near the shop of Laxman Panwala, which was quite close to his shop, it is alleged that Hari Narain came from behind and attacked Bhojraj with a Lakri' (KATPHAR) Hari Narain is said to have inflicted blows by the 'Lakri' on the head of Bhojraj, on the right leg and then on the left leg and various other parts of the body. As a result of this Bhojraj fell down and it attracted the attention of various people of the neighbourhood. Kanhaiya Lal s/o Ramchandra (P.W. 6) and Shantu Lal (P.W. 9). who, were near about the place reached the place of incident. Kanhaiya Lal s/o Tannu Lal, who was cousin of Bhojraj, was also sent for and came to the place of incident. The injured Bhojraj was brought to his shop. Then Kanhaiya Lal (P.W. 2) the cousin of Bhojraj took him to the Kotwali Jaipur where Bhojraj himself lodged the oral report Ex. P/6 at 7.30 am. Jiwan Singh Head constable recorded the report and he wrote out the proceedings taken up by the police. It has been there in the proceedings that after the report was lodged and signed by Bhojraj the injured complained that he was not in a fit state and he became unconscious. The proceedings are signed by Kanhaiya Lal (P.W. 2 and Kanhaiya Lal (P.W. 6). Bhojraj was then sent to the SMS. Hospital and was admitted for treatment. On examination Dr. S.M. Duggar (P.W. 5) reported vide Ex. P/2 that Bhojraj was in unconscious state and his pulse was 32 per minute. He was in gasping state and the pupils were diplexer and fixed. On the same night at about 12 30 Bhojraj succumbed to his injuries. After this information was given by the hospital authorities to the police, investigations were started by Shri Brijmohan CI (P.W. 15) Kowali, Jaipur At the completion of the investigation a charge sheet was put up against the accused Hari Narain and Bashirbeg. After committment the Additional Sessions Judge No. 1, Jaipur city, tried Hari Narain for an offence Under Section 302 I.P.C. After trial he found accused Hari Narain guilty of culpable homicide not amounting to murder. He convicted him Under Section 304 Part II I.P.C. and sentenced him as aforesaid.

(3.) THE post mortem examination report (Ex. P/3) which has been proved by Dr. Duggar (P. W. 5) reveals that there were five abrasions, one lacerated wound 11/2'X 1/2' bone deep on the left parietal occipital region close to mid line. Dr. Duggar further opined that the cause of death according to him was the head injury, which produced fratures of the frontal bone, haemr -rhage and acute shock. The learned trial Judge relied upon the statement of of Ashok Kumar (Ex. P/11). Ashok Kumar died during trial. His statement (Ex P/11) was recorded in the committing court and was brought on record Under Section 288, Cr P.C. He found his statement to be reliable which was well corroborated by the statements of Dr. Duggar (P. W. 5), Rukmani (P.W. 3; and Kanhaiya Lai (P.W. 2) The learned Judge, however, did not place much reliance on the statement of Mamraj (P.W. 1) in as much as he did not mention the name of the accused Harinarain in his police statement as the one responsible for causing injuries to Bhojraj. He also discarded the evidence of Kanhaiya lal s/o Ramchandra (P.W. 5) and Shantu Lal (P.W. 9) as according to him, they were not in a position to have seen the incident by their own eyes.