S.K.KESHOTE, J. - (1.) THIS appeal by accused appellant Ram Gopal, is directed against the judgment and order dated 16.1.1997 of learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Kota whereby the accused appellant has been convicted under Section 302, IPC and sentenced to imprisonment for life and fine of Rs. 200/ - and, in default of payment of fine, to further undergo rigorous imprisonment for two months.
(2.) ONLY contention raised by the learned counsel for the accused appellant is that in case the evidence produced by the prosecution is taken to be correct on its face value, the case against the accused appellant does not travel beyond under Section 304 -11, IPC. In support of his contention, the learned counsel for the appellant placed reliance on the following decisions: 1. Gurnam Singh and Anr. v. State of Punjab, 1996 SCC (Cri) 96 and 2. Bapu Lal v. State of Rajasthan, 1987 CrLR (Raj.) 418. Briefly stated the facts of this case are that the incident took place at 11.00 AM on 30.7.1990 at Village Mandita, Police Station, Sangod. Ramesh Chand (P.W. -1) submitted a written report Ex. P. 1, on the basis of which FIR. was chalked out and case No. 103/90 (Ex. P. 2) was registered at Police Station, Sangod, District Kota, under Section 307 of the IPC and Section 3 of the SC and ST (Prevention of Atrocities) Act, 1989 against the accused appellant. Injuries caused by the accused appellant on the person of the deceased Ram Pratap were examined by Dr. Prem Chand Khandelwal (P.W. 10) who prepared the injury report (Ex. P. 7). As per Dr. Prem Chand Khandelwal (P.W. 10) following injuries were there on the body of the deceased: (1) Incised wound 3' x 1/2'x bone deep on right side of forehead 1' away from midline. (2) Incised wound 3' x 1/2' x bone deep on left parietal bone 1/2' away from mid parietal region. Ram Pratap died on 31.7.1990 in the M.B.S. Hospital, Kota. The police added Section 302, IPC.
(3.) POST mortem of deceased was conducted by Dr. Y.K. Sharma (P.W. 16) and post mortem report is Ex. P. 9. In the post mortem report (Ex. P. 9), the doctor reported the cause of death has been due to coma as a result of ante mortem head injuries. Dr. Y.K. Sharma (P.W. 16) in his statement, stated that the head was full of blood, right temporal and parietal and left temporal and parietal bones were broken in pieces, brain was totally crushed, the frontal bone of right side was also broken and brain underneath was crushed. The doctor opined that the death has been due to coma as a result of ante mortem head injuries. All injuries were ante mortem. Both injuries jointly and severally were sufficient in the ordinary course of nature to cause death. In the cross -examination this witness categorically stated that due to injury No. 1 a person can die. As a result of injury No. 1, the brain was crushed. He denied the suggestion that injury No. 1 would have been there as a result of falling on the stone. As a result of these injuries the blood was collected in his head. From the post mortem report (Ex. P. 9) and the statements of Dr. Y.K. Sharma (P.W. 16) we are satisfied that it is a case of culpable homicide.;