Decided on March 15,1984

JEEVA Appellant

Referred Judgements :-



S.S.BYAS, J. - (1.)SINCE these three jail, appeals arise out of one and the same judgment of the learned Sessions Judge, Doongarpur dated May 21, 1979, they were heard together and are disposed for by a common judgment'. By the said judgment, the learned Sessions Judge convicted the appellants under Section 302/34, I.P.C. and sentenced each of them to imprisonment for life with a fine of Rs. 100/ -, in default of the payment of fine to further under go seven days simple imprisonment.
(2.)AT about 2.30 P.M. on March 19,1978, PW. 2 Balji Meena of village Odapal district Doongarpur appeared at police Station, Bichiwara and verbally lodged report Ex. P 2. It was stated therein that in the preceding night he was participating in a Bhajan Mandli at the house of one Kuber Meena in his village Odapal. The accused Deoji came there and told the persons sitting there that a thief had entered his house. Thereupon he and the other parsons went to the house of accused Deoji. There they found Hanjiya Meena of their village lying on the floor of a room His hands and feet were tied and a quilt was spreading over him. Ha and other persons removed the quilt and noticed multiple injuries on the body of Hanjiya. On being asked, Hanjiya (the deceased -victim) told them that he and accused Deoji were return rig together from Doongarpur. On the way he was jointly assaulted and belaboured by the appellants The appellants thereafter brought him to the house of accused Deoji. There also they belaboured him with shoes, stones and fists. The appellants asked them to take away Hanjiya from there. At first they declined but when they were threatened with dire consequences, they agreed to take Hinjiya. Hanjiya was placed on a cot and was taken to the house of PW. 13 leeva who happens to be a near relative of the victim. From there the party went to the home Kuber Meena to participate in the Bbajan Mandli. Early in the morning they were informed by PW. 12 Jeeva that Hanjiya was no more alive. On being so informed, he and other persons of the village proceeded to the Police Station with the victim's dead body on a cot. The police registered a case under Section 302, LP. on the basis of Ex.P. 2 and took up the investigation. Since the Station House Officer was out, the inquest report of the victim's dead body was prepareed by Head Police Constable Himmat Singh (PW. 16). Later on the investigation was taken by the Station House Officer Fateh Singh (PW. 15), The autopsy of the victim's deadbody was conducted at about 5.20. P.M. on March 26, 1979 by Or. S.K. Vig (PW. 17), the then Medical Officer Incharge, Primary Healtn Centre, Bichiwara. The doctor noticed the following ante mortem injuries:
(1) Lacerated wound 1/2' x 1/2' x 1/3' on medial aspect of right toe (2) Contusion 3' x 3' on the left side of face (3) Contusion 3' x 3 on anterior aspect of left Knee. (4) Contusion 1' x 1' below it (sic) (5) Contusion 1' x 1' below left eye (6) Abrasion 3' x 2' on (sic) side of right shoulder joint (7) Abrasion 4' x 4' on left side of the neck (8) Contusion 6' x 2' on anterior aspect, of the abdomen near umblicus (9) Contusion 3' x 3' on right side of the chest at twelfth rib (10) Contusion 2' x 2' on the left side of chest eleventh rib (11) Contusion 4' x 4' on posterior side of the back on the right r scapula (12) Contusion 3' x 3' on the posterior side of left scapula (13) Haematoma 6' x 4' x 1' on inner side of the left side of hip (14) Haematoma 5' x 4' x 3/4' at inner side of the left chest wall just, above the left lung (15) Contusion 3' x 7' at middle of back (16) Haematoma 5' x 3' x 3/4' just below the scapula posterior side of head
Almost whole of the anterior abdominal wall and chest wall and back are covered by multiple injuries caused by blunt object. Pupil both dialated. Scalp -Contusion 6' x 4' on upper of the scalp. There are large number of B injuries on the wall of the chest Contusion on left side of pleura, left lung H collapsed. Large haematoma prefect on left lung.
In the opinion of Dr. Vig, the cause of the death of the victim was shock and syncope caused by multiple injuries, haematooma and collapse of left lung. The post mortem examination report prepared by him is Ex. P.21. The site was inspected. The accused persons were arrested. The clothes of the victim were seized and sealed. On the information furnished by the accused, sticks were recovered from various places. On the completion of investigation, the police submitted a challan against the three appellants in the Court of the Additional Munsifand Judicial Magistrate, Doongarpur, who in his turn committed the case for trial to the Court of Sessions. The learned Sessions Judge framed a charge under Section 302/34, IPC against HL all of them, to which they pleaded not guilty and faced the trial -During trial, the prosecution examined 17 witnesses and filed some documents. In defence, the accused adduced no evidence. On the conclusion of trial, the learned Sessions Judge found the charge duly brought home to the accused. They were consequently convicted and sentenced as mentioned above. Aggrieved against their conviction and sentence, the accused have come up in appeals.

(3.)WE have heard the learned Amicus Curiae Shri N.K. Soni and the learned Public Prosecutor Shri L.S. Udawat. We have also gone through the case file carefully.

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