Decided on February 03,1984

Kana S/O Lalu Appellant


S. S. Byas, J. - (1.)This is a jail appeal by accused Kana against the judgment of the learned Sessions Judge, Bhilwara dated 24.7.79 convicting the appellant under sections 302, 302/34 and 324, I.P.C. and sentencing him to imprisonment for life, under the first two counts and one year's rigorous imprisonment under the third count.
(2.)The facts and circumstances leading to the prosecution and conviction of the accusedappellant run as under :
(3.)At about 8.00 P.M. on 3.7.77, deceased victim Shivram, his father Lakhma Ram and other members of his family were sitting on a Chabutary out-side their house situate in village Radha-ka-bara Police Station Jahajpur district Bhilwara. The accused appellant and other accused Santosh Kumar, Kanhaiya Lal alias Collector and Anandiya are also residents of the same village. Accused Anandiya and Nathu (accused acquitted) happened to pass by their side. Shivram told accused Anandiya that the thefts were committed at his instance and the villagers were taking them to task. This annoyed accused Anandiya. He went to his house, instantly returned after five or six minutes accompanied by his two sons Santosh Kumar and Kanhaiya Lal alias Collector and two more persons Nathu and accused-appellant Kanaram. The accused persons abusing Shivram and hi3 father. Thereafter Nathu, Santosh Kumar, Kana and Kanhaiya Lal (Collector) caught hold of Shivram. Accused Anandiya had a Gupti with him. He thrust the Gupti deep in to the left abdomen of Shivram. Shivram fell down and passed away instantaneously on the spot. Lakhmaram entreated with folded hands not to beat any further, Accused Anandiya thereupon caught hold of Lakhma and accused appellant Kana s/o Lalu struck a blow of his sword of the left side of Lakbma's neck. It resulted in deep cutting of the neck. Lakhmaram resulted in deep cutting of the neck. Lakhmaram also fell down and passed away then and there. Accused Santosh Kumar struck the blows of his Farshi to Lakhma's son Hari Prasad (P.W. 4). Accused appellant Kana s/o Lalu struck a blow of his weapon to Lakhma's other son Ganpatlal (PW 1). The accused persons thereafter dispersed away. There was profuse bleeding from the wounds of the victims. Ganpatlal (PW. 1) immediately rushed to police station, Jahajpur and presented written report Ex. PI of the occurrence at about 9.00 P. M. on the same day. The police registered a case and proceeded with investigation. PW 10 Umrao singh, Head Constable of Police arrived on the spot and kept a watch on me dead bodies. Next day, on 4.7.77, PW. 11 Bhopal singh, Deputy Superintendent of Police arrived on the spot and took up the investigation. He prepared the inquests of the victims inspected the site and took in possession the blood-smeared soil from there. The post mortem examinations of the victims dead bodies were conducted at about 1.20 P. M. on 4.7.77 by Dr. C.L. Verma, the then Medical Officer In charge, Referal Hospital, Jahajpur. The doctor found the following ante-mortem injuries on the dead body of Shivram:
(1) Stab wound 2 c.m. x I c m. x deep into the peritoneal cavity, cutting through the 8th rib. On the left side of the chest in the nipple line over 8th rib, by a sharp, polluted, cutting weapon.

(2) Fracture of the left 8th rib in the nipple line. Consequent to injury No. 1 In the opinion of Dr. Verma, the cause of death of Shivram was shock caused by the stab injury. Injury No. 2 was the result of injury No. 1. He prepared postmortem examination report Ex. P. 10

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