KANHAIYA SON OF BAL KISHAN, LATOOR S/O MOOLA, KHILADI S/O KANHAIYA AND GORDHAN S/O BHORIYA Vs. STATE OF RAJASTHAN
HIGH COURT OF RAJASTHAN
Kanhaiya Son Of Bal Kishan, Latoor S/O Moola, Khiladi S/O Kanhaiya And Gordhan S/O Bhoriya
STATE OF RAJASTHAN
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N.M. Kasliwal, J. -
(1.)The above two appeals are directed against the same judgment of the learned Sessions Judge, Alwar dated 10th Nov., 1980, by which the accused-appellants have been convicted and sentenced in the following manner :
All the sentences have been ordered to run concurrently.
(2.)Shortly stated the prosecution story is that on 30th June, 1979 Dwarka Prasad (PW/4) lodged an FIR at the Police Station, Malakhoda at 1-45 p.m. that Ram Swaroop, uncle of the informant, was going to invite persons to dinner. Nearabout a custom post situated near the railway crossing accused persons, namely, Kanhaiyalal. Kajoda, Latoor, Khiladi, and Gordhan Meenas and Shriram Brahmin came armed with farsis and this and started giving fatal blows on Ram Swaroop with an intention to kill him and inflicted severe injuries on legs, back and other parts of his body. It was further mentioned in the report that Ram Swaroop has received serious injuries and blood was coming out of the said injuries and his condition was serious and he had already been admitted in the Government Hospital, Malakheda. The Officer-in-charge of the Police Station registered a case under Sections 147, 148, 149 and 307, Penal Code and started investigation. Dr. Rajinder Singh (PW/3) attended Ram Swaroop and, thereafter recorded his dying declaration vide Ex. P/s Injured Ram Swaroop was also examined by Dr. J. S. Pahuja (PW/2) and, he found the following injuries on his person :
1. Incised wound with bleeding 3"x 1/4"x 1/4" on parietal area of scalp in left side.
2. Lacerated wound with bleeding semilunar in shape 11/2 x 1/4"x 1/4" on the anterior surface of the right lower leg.
3. Lacerated wound with compound fracture 1/2" x 1/2" x bone deep on the anterior surface of right lower leg 4" above the ankle joint.
4 Lacerated wound 1" x 1/2" x 1/2" on the posterior aspect of the left elbow joint.
5. Lacerated wound with compound fracture shaft humerus on the anterior aspect of the right upper part.
6. Incised wound 21/2" x 1/4" x 1/4" on the anterior aspect of the left wrist joint.
7. Lacerated wound with compound feature on the lateral aspect of right upper arm 1/2" x 1/2" x bone deep.
(3.)According to Dr. Pahuja there were fractures on certain parts of the body of Ram Swaroop and his general condition was not satisfactory and he was in acute severe shock. Kotwali Alwar was informed about the situation. At the same time, X - rays of the right lower leg. upper-arm, left elbow joint, right upper arm and chest were also advised. Dr. Pahuja mentioned in his injury that injuries No. 1 to 6 were caused by sharp object and injuries No. 2, 3, 4, 5 and 7 were caused by blunt object. Injuries No. 1 to 6 were simple in nature. According to Dr. Pahuja, Ram Swaroop died of hemorrhage and shock on 1 July, 1979 at 9.20 a. m He conducted the autopsy of the deceased, and found the following injuries on his person.
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