JUDGEMENT
N.M. Kasliwal, J. -
(1.) This criminal appeal by accused Jesa Ram is directed against the judgment of learned Sessions Judge, Sikar dated 26th April, 1980, convicting the appellant u/s 302 T. P. C. and sentencing him to an imprisonment for life and a fine of Rs. 50- and in default of payment of fine further undergo rigorous imprisonment for 2 months.
(2.) It would not be necessary to go into details of the case as learned council for the appellant has frankly admitted that it has been proved by the prosecution evidence that appellant inflicted a blow by Jelly on the head of Narayan, which resulted into his death.
(3.) We have also perused the record and have gone through the evidence of the eye witnesses. P. W. 3 Pooran, P. W. 6. Hanuman. P. W. 7 Devu Ram, P. W. 9 Govinda and P. W. 16 Surja Ram from whose evidence it has been proved beyond any manner of doubt that Jesa appellant inflicted a blow by Jelly on the head of Narayan, which proved fatal. P. W. 11 Dr. Satyendra Kausik conducted autopsy of the dead body of Narayan on 26-7-1979 at 5.45 p. m. and found the following injuries on the body of Narayan :
1. Wounds:-Leacerated wounds 3 cm x 1/2cm at left supraorbital region outer side. (It is so deep that a hole is formed in the skull)
2. Lacerated wound : 1 cmx 1 cm at right mid lower leg. Bruises
1. 7 cmx3 cm at right upper arm
2. On mid lower right leg around injury No. 2 above.
3. 3x2 cm at posterior side of right palm
4. 6 cm x 6 cm on right lower arm
5. 6 cm x 6 cm just below left elbow. According to the Doctor, all these injuries were ante-mortem in nature and injury No. 1 was sufficient in the ordinary course of nature to cause death of Narayan.;
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