Decided on August 14,1984

Mathura Lal And Birdha Appellant

Referred Judgements :-



N.M.KASLIWAL, J. - (1.)AT the time of the hearing of the bail application, the learned Counsel for the accused submitted that argument in the main appeal may be heard as he does not dispute, the correctness of the incident as alleged by the prosecution witnesses but he only challenged the offence committed by the accused appellants. In view of these circumstances, arguments were heard in the main appeal. The prosecution story in brief is that on 5th December, 1981 the accused appellants were grazing their cattle. Some of the cattle trespassed into field of Latoor, (deceased) and when Latoor was taking those cattle to Kanji house the accused appellant attacked Latoor by lathies. Latoor lodged an FIR at Police Station Saroli, district Jhalawar (Raj.) on 6 -12 -1981 at 3 p.m. The police registered the case and sent Latoor for medical examination, Government Dispensary, Saroli Kalan, District, Jhalawar. Dr. Hari Mohan Guptu PW 4 clinically examined the injuries of Latoor on 6 -12 -1981 and found the fo'lowing injuries:
1. Bruise and Slight abrasion profuse ecchymosis 4' 3 1/2' Oval on Medical Side of Elbow joint of Right upper arm. 2. A lacerated wound 1' 1/4' Longitudenal on Ant. surface of Lt. Leg (midway), Simple, Blunt. 3. A Bruise and Slight Abrasion 1 1/2' 1' Oval on left side of right thigh about 4' above the right knee joint. Simple, Blunt. 4. Abrasion of wound 1 1/2' 1/4' long on Ant. side of chest at the side of joint of medical and of left clavicle and sternum. Simple, Blunt. 5. Extraction of First Incisur tooth of left lower jaw. Grievous, Blunt. 6. Swelling C Abraxi irregular 3' diameter left shoulder joint.

(2.)A dying declaration of Latoor was also recorded on 7 -12 -1981 vide Ex. P 17 in which he also narrated the same story. Latoor thereafter succumbed to the injury on 9 -12 -1981 and the autopsy of the dead body of Latoor was done by Dr. M.L. Singhvi PW 10. Dr. Singhvi, on Post Mortem ex -amination found the following external and internal injuries on the body of deceased Latoor.
External injuries: 1. Lacerated wound mid Frontal region skull 2 1/2' x 1/2' Skin deep stitches applied. 2. Abrasion 1 1/2' x 1' x Superficial left fore -arm. 3. Lacerated wound 3 1/2' x 1/4' Muscle deep Ant. Chest wall near sterral and of left clavicle. 4 Lacerated wound irregular 2' diameter Ant. Chest wall 2' above left nipple. 5. Lacerated wound 1 1/2' x 1/2' x Muscle deep left leg 6 -7' above Ankle joint left -side. 6. Swelling and Abrasion irregular 3' diameter left Shoulder joint.
Internal Injuries: Fracture of 2nd and 3rd Left side rib Anteriorly Chest wall.
In the opinion of Dr. Singhvi the cause of death of Latoor was (1) respiratory failure due to injury of anterior chest wall, (2) Multiple injuries leading to shock.

(3.)IN the statement of PW 10 recorded during the trial, he stated that in his opinion, the cause of death of Latoor was the injuries inflicted on the chest, obstruction in respiration, and due to haemoharrage and shock of all the injuries. He further, stated that the death may have been caused by these injuries and in case proper arrangements of chest surgery had been done then the death could have been avoided.

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