KANTA BHATNAGAR, J. - (1.) APPELLANT Hinda was tried for the offences under sections 302, 307, 325 and 323 I. P. C. by the learned Additional Sessions Judge, Sirohi. Vide judgment dated December 23, 1982 he was held guilty for the charges under sections 302, 325 and 323 I. P. C. and sentenced to imprisonment for life on the first count, three years R. I. on the second count and one years R. I. on the third count with an order that all the sentences shall run concurrently.
(2.) HINDA felt aggrieved by his conviction and sentences and preferred this appeal through Superintendent Central Jail Jodhpur, in this Court. Briefly stated, the facts of the case giving rise to the trial and the present appeal are that on November 1,1981 Munna resident of Krashna Gunj filed a report (Ex. P/1) written by Fateh Mohammed (P. W. 1), Mantri, Gram Sabha Krashan Gunj before Takhat Singh (P. W. 17) to the effect that Hinda had committed the murder of his wife Deeva and had caused injuries to Fateh Guru (P. W. 21), Teja (P. W. 9) and Achala. That the villagers had apprehended Hinda and taken away a Bamboo stick from his hand. Takhat Singh (P. W. 17), Head Constable went to the site and inspected the house of Hinda where Deeva was lying dead. The Inquest Report (Ex. P/6) and Panchayatnama of the dead body (Ex. P/7) were prepared. Vide memo Ex. P/8 Hinda was arrested. The 'dhoti' which Hinda was wearing at the time being suspected of having blood stains was taken in possession. Vikram Singh (P. W. 24) Inspector, C. I. D. at the direction of Superintendent of Police Sirohi went to the site and took charge of investigation from Takhat Singh (P. W. 17 ). He got the postmortem examination of the dead body of Deeva conducted by Dr. Bhoor Singh (P. W. 19 ). The Doctor noted following injuries on the dead body:- 1. Incised wound 4" x 1/2"x muscle deep. 1 1/2' below the chin, from left side of adam's apple to left side of neck cutting down the left juglar vain. Wound was horizontal in direction. It was grievous and caused by sharp weapon. 2. Incised wound 2" x 1/2" x bone deep just above the left upper lip, horizontal in direction. It was simple and caused by sharp object. 3. Incised wound 2" x 1/2" x bone deep on left parietal region, verticle in direction with fracture of left parietal bone. It was grievous and caused by sharp object. 4. Incised wound 4" x 1" x 1 1/2", 5" below the left elbow joint verticle in direction with fracture of left ulna bone. It was grievous and caused by sharp weapon. 5. Bruise 1" x1/2" at middle of left upper arm with fracture of shaft of humerus bone from its middle. It was grievous and caused by a blunt object. 6. Incised wound l" x 1/2" x bone deep on back of right wrist joint. It was simple and caused by sharp weapon. It was horizontal in direction. 7. Incised wound 1/2" x 1/4" x bone deep just above the right eye brow. It was simple and caused by sharp weapon. The postmortem examination report is Ex. P/30. According to the Doctor all the injuries were antemortem in nature and the death was due to shock as a result of haemorrhage on account of multiple wounds. Injuries No. 1 and 3 were held to be individually sufficient to cause death in the ordinary course of nature. On November 12, 1981 Dr. Bhoor Singh (P. W. 19) examined Teja and noted one bruise l"xl" on left scapular region and prepared the injury report Ex. P/24. According to the Doctor the injury was simple and caused by blunt object. On that day Dr. Bhoor Singh also examined the injuries on the person of Achla son of Daula and noted following injuries:- 1. Bruise 1" x 1", 3 1/2" above the left wrist joint. 2. Bruise 2\" x 1" on back of left shoulder joint. 3. Bruise 2\" x 1" on left scapular region. 4. Bruise 2 1/2" x 1" on right scapular region. The Doctor prepared the injury report Ex. P/25 and opined that all the injuries were simple and caused by blunt object.
(3.) ON the same day Dr. D. K. Baramera (P. W. 13) Medical Jurist, General Hospital, Sirohi examined Fateh Guru and noted following injuries on his person. 1. Lacerated wound 3 x. 5 x. 5 cm. on the left side of occipeto-parietal region 2 cm. from median plane. 2. Contusion with swelling, 6x1. 5 cm. on the left infra spinetous region of scapula. 3. Contusion with swelling 4 x 1 cm. on the left maxillary eminence. 4. Contusion with swelling 8 x 1 cm. on the left side of neck extending from just below and anterior to ear upto median plane posteriorly. According to the Doctor all the injuries were caused by blunt object. Iniuries No. 2 to 4 were simple in nature. On x-ray of fracture of skull bone of Fateh Guru was detected. Injury No. 1 was held to be grievous. Appellant Hinda furnished information to Vikram Singh (P. W. 24), Inspector for getting recovered sword from his house and in pursuance of that insformation on November 3, 1981 the S. H. O. recovered the sword Art. 12 and its piece Art. 11 from his house vide memo Ex. P/9. November 3, 1981 Babu Khan produced the lathi article 10 which was taken in possession vide memo Ex P/26. The blood on clothes of the deceased and 'dhoti' of the accused was found to be of human blood by the Serologist. ;