STATE OF RAJASTHAN Vs. DHUNDHI S/O MANGYA

JUDGEMENT

(1.) The present appeal arises from order of acquittal dated 06.03.1982 passed by the Additional Sessions Judge No.2, Alwar in Sessions Trial No.6/1982.

(2.) The deceased Mangla was sleeping in his fields. At midnight on 02.11.1981, the respondent came and attempted to open the belt of the motor. The deceased woke up. The respondent assaulted him with a stone of approximately 20 kg. causing two visible injuries of swelling on the left chest wall anterior and posterior and bruises on the left chest wall posterior aspect on 6th, 7th and 8th rib, as revealed from the injury report, Exhibit P-12 proved by PW-9, Dr.Rajendra Singh Kaushik who examined the Medico Legal Case (MLC) at 1.15 p.m. in the hospital on 03.11.1981. The injury report notices restlessness, difficulty in respiration, bronchial breathing of left lung and blood pressure was normal. The statement of the injured was recorded in the hospital at 02:15 pm, Exhibit P-3, by PW-1, Bankey Bihari Bhardwaj, the investigating officer.

(3.) The deceased lay injured at night in the fields till his sons PW-5, Ramkaran and PW-7, Suwa Lal came at 6.00 am and took him to the hospital. The injured died during the course of treatment in the hospital on 06.11.1981 at 5:35 am. FIR, Exhibit P-14 was then lodged the same day after receipt of information from the hospital. The post-mortem of the deceased was conducted by PW-2, Dr.Rajkumar Mishra, who found fracture of 1st to 9th ribs on the left side along with clavicle and scapula bones opining that death occurred due to multiple fractures of bones sufficient in the ordinary course of nature to cause death.