- (1.) The accused-appellant stands convicted by the learned Special Judge, Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Cases, Ajmer under Section 302 Indian Penal Code and he has been sentenced to imprisonment for life and to pay a fine of Rs. 500/- or in default of payment of fine to further suffer six months simple imprisonment. Alongwith the accused-appellant one Harish Chandra was also tried under Section 302 Indian Penal Code, but was given benefit of doubt by the learned Special Judge and was acquitted.
(2.) As per the prosecution case there was previous enmity in between the family of deceased Mohan and brother Gopal PW 1 on one hand and the family of the accused-appellant on the other. The accused-appellant was the driver on Auto No. RJZ-2351. On August 13, 1990, at about 8.15 p.m. Mohan deceased had gone to market to bring some medicines. He was followed by his brother Gopal PW 1. Gopal was going to Dhan Mandi. Hukum Chand met Gopal on the way and both of them proceed towards Bad Ka Chowk. When they were on the corner of Peer-Mittha-Gali at about 8.30 p.m. they heard cries and when they reached the spot they saw that the accused-appellant Mahesh was having a knife in his hand and he gave blows with his knife to Mohan Mahesh repeated his blows on the left buttock of the deceased. Thereafter, the accused-appellant and his companion made good their escape.
(3.) A report of the incident was lodged by Gopal PW 1 at the police station immediately thereafter at 9.30 p.m., a case was registered and investigation was set in motion. Mohan died as a result of his injuries and his post-mortem was conducted by Dr. P.K. Saraswat. Dr. Sarswat on examining the dead body found that the deceased had as many as four injuries which are as under: "(1) Incised wound - 2 x 0.7 cm x ? deep on left buttock, medially in oblique direction 5 cm below the posterior part of iliac crest. The medial angle of wound is on upper level than lateral angle. Medical angles slightly pointed and lateral angle is rounded. (2) and (3) Two incised wounds placed just below the gluteal creak, posteriorly on left thigh 20 cm below the iliac crest. Both wounds are at the same level, horizontally and placed 0.5 cm apart. The outer wound No. (2) is X 0.5 cm X ? deep. Its lateral angle is pointed, while medial angle is round. The inner wound No. (3) is 5 X 1.0 cm X ? deep. It also has pointed lateral angle and rounded medial angle. (4) Incised wound-2 x 1 x ? deep, placed on posterior aspect of left thigh in mid l/3rd, 16 cm above knee. It is placed obliquely with upper angle placed medially and is towards upper side and is founded, while the lower angle is placed laterally towards lower side with pointed angle." In the opinion of the doctor all injuries Nos. 1 to 4 were caused by sharp edged weapon and were of fresh duration (i.e. 0 to 6 hours before death). The doctor explored the wounds and on exploring the wound No. 1 it was only subcutaneous tissue deep for a depth of 0.7 cm. Wound No. 2 was subcutaneous tissue deep for a depth of 0.5 cm. Wound No. 3 was going in-forward medially and upward direction from posterior part of thigh cutting through skin, both fascia adductor margine, aductor brevis and fibres of aductor long. The muscles and spacis are stained by ecchymosed blood throughout the course. In the opinion of the doctor both wounds Nos. (2) and (3) were situated at gluteal crease at a distance of 0.5 cm in one horizontal plane, so giving appearance of single wound externally. On dissection both wounds (2) and (3) were found to be separate, and whereas wound No. 2 is incised wound, wound No. 3 is slab wound. In the opinion of doctor, the cause of death was hypovolumic shock, resulted from excessive haemorrhage due to injury to major vessels.;