- (1.) This judgment will dispose of three appeals D.B. Criminal Appeal No. 188 of 1992 filed by Mahesh @ Pappu and Satya Narain v. State of Rajasthan , D.B. Criminal Appeal No. 93 of 1992 filed by Rajendra Singh v. State of Rajasthan and D.B Cr. Appeal No. 67 of 1992 filed by Bahuwali @ Balia v. The State of Rajasthan . All the above appeals arise out of the judgment dated 7-2-1992 passed by the Additional Sessions Judge, Ihalawar, convicting the accused appellants u:s 302/34 IPC, 324 IPC, 341 IPC, 302 IPC, 324/34 IPC and Section 341. but while sentencing the accused appellants the trial court did make a difference in the case of the accused appellant Satya Narain who though convicted u/s :,02/34 1PC was sentenced under section 302 IPC simplicity, to undergo imprisonment for life, and the other three accused appellants have been convicted under section 302/34 IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 100/-, which sentence has also been awarded to the accused appellant Satya Narain; Mahesh under section 324 1PC and others under section 324/34 1PC have been sentenced to undergo one year's R.I. and a fine of Rs. 100/- in default of payment of fine, to further undergo 15 days' R.I. while for offence u/s IPC each of the accused appellants has been sentenced to pay fine of Rs. 100/-, in default of payment of fine, to further undergo 15 days R.I.
(2.) The case of the prosecution is that on 17-1-1990 at about 12.15 p.m. the deceased Rajendra @ Raju along with Pradeep Kumar PW 12 resident of Jhalawar, had gone on a motor cycle to Jhalarapatan. Vimla Devi PW 8 is the sister of deceased Raju and she resides I n Jhalrapatan. The houses of both the accused appellants Mahesh and Satya Narain are opposite the house of Vimla Devi. When the deceased Ruju and Pradeep Kumar PW 12 were standing near the betel shop of one Sindhi Nathu, it is alleged that the accused appellants Mahesh Rajendra, and Satya Narain Nlantri asked Raju as to why he had slap a day earlier In the meantime, accused appellant Mahesh took a Jar full of acid, from the betal shop of Nathu and threw it at Raju. Raju received several burns and many school children who were passing through also received acid burns on face and other parts of the body. The case of the prosecution further is that Baliya accused appellant gave swords to the other three accused appellants i.e. Mahesh, Satya Narain and Rajendra Singh. Seeing that the accused persons had become armed with Swords Pramod Kumar ran away from there and the deceased Rajendra @a Raju also started running towards the house of his sister Smt. Vimla. The accused appellants Mahesh and Satya Narain are said to have given blows by sword to the deceased Raju and also chased him up to the house of his sister The deceased entered the house of Vimla, but was dragged outside her house and it is the prosecution case that the deceased narrated the incident to her that it were the accused appellants Mahesh and Satya Narain who had caused injuries to him with Sword. A report (Ex. P 25) of the incident was lodged at Police Station Jhalrapatan by Pramod Kumar, who died during the trial of the case and therefore, could not be examined as a witness on behalf of the prosecution.
(3.) Dr. Gouri Shankar Chouhan PW 16 conducted the autopsy on the end body of Raju who died as a result of injuries. He found that on the dead-body, there were stab wounds and acid burns. The deceased had the following injuries:- 1. Stab wound 21/2" x 1" vertical on the right side of epigastric region, just near the costal margin. 2. Incised wound 1/2" x 1/10" x 1/4 up to collar left bone. 3. Corrosive burns scattered patches present over left whole upper extremity, left side of chest and axilla up to left side of abdomen, 6" x 3" burn patch present on lateral aspect of left thigh. All the injuries were ante mortem in nature. In the opinion of the .doctor, the cause of death was shock due to injury to heart,;