Shiv Kumar Sharma, J. - (1.) Vide impugnfed judgment dated 30.04.1982 passed by the learned Addl. Sessions Judge, Gangapur City, in Sessions Case No. 3/1982 the appellants Kishanlal and Devi Sahai were convicted for offence under section 323 IPC and each were sentenced to suffer one year simple imprisonment and a fine of Rs. 500/- each and in default of payment of fine, they will suffers further imprisonment of two months. The appellants were however, acquitted of the charges framed under sections 452, 302, 302/34 IPC.
(2.) The State of Rajasthan assailed the finding of acquittal given by the learned trial Judge by filing D.B. Cr. Appeal No. 495/1982 whereas the accused appellants Kishan Lal and Devi Sahai assailed the aforesaid judgment of conviction by filing D.B. Cr.Appeal No. 184/1982. During the pendency of the appeal accused appellant Kishan Lal expired and the proceedings pending against him stood abated.
(3.) The only question that requires our consideration is as to whether from the material available on record, the accused Devisahai can be held guilty for offences under section 452, 302 and 302 read with Section 34 IPC. A look of the post-mortem report (Ex.P/6) demonstrates that the deceased Sualal had sustained three injuries thus - 1. Irregular marks, bruise, 3 1/2" x 1" oblique, on the left side of chest 2 x 1/2" below the nipple. The bruises extended upto the left side of abdomen; 2. Oblique bruise 2" x 1" on the left side of abdomen in mid clavicular line at the level of umblious; and 3. Bruise 4 x 1/" x 2" on the posterior aspect of left side of chest. The injury extended upto the back of abdomen 2x 1/2" away from side line over loath. 11th and 12th ribs. On the posterior side aspect of left side of chest all the injuries were ante-mortem in nature and caused by blunt object. The cause of death according to Dr. S.L. Meena (PW6) was as a result of shock produced due to injuries on the left side of chest and on abdomen (Epoigastrium) leading to inhibitory action on the heart.;