Govind Mathur, J. - (1.) APPELLANT has been found guilty of commission of offence under Section 302 IPC and has been awarded life imprisonment with a fine of Rs. 1000/ - by learned Additional Sessions Judge (Fast Track) No. 1, Bhilwara vide judgment and order dated 6.12.2003.
(2.) AS per the prosecution, PW -1 Suresh Chandra on 18.8.2002 at about 06:30 PM submitted a written report (Ex.P/1) with assertion that on the same day he and his brother were at "Uparla Kuan" and his father Magniram, mother Badam, aunty Bali and Premi were working at Kali Pati field. At about 4 -5 PM Lalu and Kishan both sons of Dalchand came and without having any right of way they forcibly proceeded with their oxes and cows for grazing. On objection they threw stones and on making cry Magniram came at the spot to whom Lalu gave an axe blow on neck. Kishan at that time was saying not to leave Magniram alive. The injured Magniram then was taken to Gangapur Hospital by jeep. On receipt of the information aforesaid a case was registered for investigation under Sections 307, 323, 447 and 34 IPC. The injured was taken from Gangapur Hospital to Government Hospital, Bhilwara and then to Government Hospital, Udaipur where he died on 23.8.2002, thus, the charge of offence punishable under Section 302 IPC was also added. After usual investigation a charge sheet was filed and the trial court settled charges under Sections 447 and 302 IPC against accused Lalu and under Section 447 and 302/34 IPC against Kishanlal. To support prosecution story 25 witnesses were examined from whom PW -1 Suresh, PW -2 Roshan PW -3 Badami, PW -4 Jeti, PW -8 Pyari and PW -10 Kishanlal were the eye witnesses. PW -9 Gaurav Bajaj was the Magistrate before whom dying declaration (Ex.P/11) was recorded on 18.8.2002. PW -19 Dr. Shantilal Jeengar proved his injury report Ex.P/23, as per that following was the injury occurred: 1. Incised wound 7 x 5 x 1.3 cms length and depth - postero lateral aspect of left side of nape of the neck extending from post border of left sternoclesdo mastoid muscle to 7 cm in length.
(3.) PW -20 Dr. Akhilesh Sharma conducted autopsy and proved the postmortem report Ex.P/24, according to which the cause of death of Shri Magniram was shock as a result of neck injury which was sufficient to cause death in ordinary course of nature.;