Decided on July 11,1984

MOOLYA Appellant


N.M.KASLIWAL, J. - (1.)ON the request of learned Counsel for the accused appellants as well as learned Public Prosecutor, arguments were heard in the main appeal.
(2.)THIS appeal by accused persons Moolya and Gangadhar is directed against the judgment of learned Additional Sessions Judge, Dausa, district Jaipur, dated 12 -1 -1983, convicting the accused Mooliya under Section 302 read with Section 34 IPC and sentencing to life imprisonment and under Section 323 IPC six months rigorous imprisonment and accused Gangadhar under Section 302 IPC and 302/34 IPC and a sentence of imprisonment for life and under Section 323 IPC one year's rigorous imprisonment.
The prosecution story in brief is that on 18 -5 - 981, Moo ya s/o Jawala and Gangadhar s/o Mooiya by caste Mali, residents of Berwara came together, Gangadhar inflicted a blow by Farsi on Balia on (be head on account of which he succumbed to the injuries. A blow wis also inflicted on the hand of Sharubhu by Farsi by which his hand was cut. Lichmari PW. 2 went to police chowki Ramoli but no body was found there 'as such he went to police station Manpur and lodged a first information report (Ex P.1) of the incident. The police registered a case under Sections 302 and 324 IPC and started investigation. After usual investigation the case was challaned ill the court of Munsif -cum -Judicial Magistrate, Bandikui, who thereafter committed the case to the Sessions Court for trial. The autopsy of Balia. was codducted by Dr Kamal Kishore Sharma PW 9, and he found the following injuries on the body of Balia.

(1) Biuise : 16 cm x 1 cm at the left fore arm about 3 cm below the left elbow laterally. (2) Incised wound : About 15 cm long, 4 cm width, 3 cm depth in left fronto -parietal region of the scalp antero -posteriorly parallel to mid line of the scalp, the anterior end of which is about 5 cm above the left upper eye brow and 6 cm above the upper border of left pinna. There is fracture of the left frontal and narietal bone below the wound. The bones are apart and gaping' The membranes of the brain are torn and the brain matter is exposed and coming out. Magots are present in the wound.

(3.)THE accused persons tenied the charges and claimed to be tried. The prosecution in support of its case, examined 13 witnesses and no evidence was led by the defence. Learned Additional Sessions Judge believed the prosecution case and convicted and sentenced the accused appellant in the manner indicated above.

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