RAJENDRA SAXENA, J. - (1.) THIS jail appeal has been preferred against the judgment dated 31.3.1992 passed by the learned Sessions Judge, Dungarpur, whereby he convicted the appellant for the offences Under Sections 302 and 450 I.P.C. and sentenced him to life imprisonment and a fine of Rs. 2000/ -; in default to further under go rigorous imprisonment for one year under the first count and to five years rigorous imprisonment and a fine of Rs. 1000/ -; in default to further under go six months rigorous imprisonment for the second count and also directed that both the substantive sentences shall run concurrently.
(2.) SUCCINCTLY stated the relevant facts for the disposal of this appeal are that information P.W. 1 Hakra, deceased Janga, appellant Hangrama and one Ranchhod were the real brothers and their ancestral agricultural land popularly known as Madudi Wala Khet situated in village Sanchia was in their joint tenancy. It is alleged that the appellant wanted to cultivate the said land exclusively for himself and did not permit his brothers to cultivate the same, that few days prior to the alleged incident, which occurred on 10.7.1990, the appellant cultivated that field, that thereafter P.W. 1 Hakra and deceased Janga also ploughed that field, which infuriated the appellant. It is alleged that on 10.7.1990 at about 8 p.m., deceased Janga, his wife Smt. Nathi (P.W. 10) and son Jeeva (P.W.4) aged about 10 years were in their house, that the appellant armed with an axe Article 6 came there and dealt an axe blow on the head of Janga, who was sitting on a cot, that there -upon the latter fell down, the appellant dealt another axe blow on Janga causing extensive injuries on his head, when Smt. Nathi intervened, the appellant also gave an axe blow from its reverse side causing injuries on her right shoulder and her right fore -arm. Thereafter the appellant also gave a kick blow to P.W. 4 Jeeva and ran away. Smt. Nathi raised an alarm and called her brother -in -law (Jath) P.W.I Hakra, whose house is sitated nearby. P.W. 1 Hakra rushed to the house of Jagna and saw the appellant running away from Jagna's house. Smt. Nathi told Hakra as to what had happened. Hakra found that his brother Jagna was profusely bleeding from his head. He inquired from Jagna, who informed him that appellant Hangrama had come with an axe and inflicted axe blows on his head. Thereafter Hakra called neighbors including P.W. 5 Thavra, P.W. 8 Nanka, and Veer Ji. A piece of cloth was tied around the head of Janga, who was bleeding. Since there was no means of communication in the night, Jagna was kept in his house and next day morning he was taken to Bichhiwada Hospital, where the doctor was not available. Thereupon while Jagna was being transported to General Hospital, Dungarpur, he succumbed to his injuries between villages Balwada and Thane. On 11.7.1990, P.W. 13 Shyam Lal Meena, S.H.O., Police Station, Bichhiwada received a Q.S.T. message from Police Control Room, Dungarpur that in an incident, which took place in village Sanchia, one injured person was brought to General Hospital, Dungarpur, who has died. Thereupon, Shyam Lal reached the General Hospital, Dungarpur, where on the same day at 10.20 a.m., P.W. 1 Hakra gave an oral report to him, which was reduced into writing as Ex. P. 1 and a case Under Section 302 I.P.C. was registered. The said report Ex. P. 1 was sent to Police Station, Bichhiwada, where formal F.I.R. Ex. P. 14 was drawn. Shyam Lal prepared the autopsy report Ex. P. 2 of deceased Jagna, whose body was lying in the mortuary of the Hospital.
(3.) P .W.9 Dr. Rakesh Verma conducted post -mortem examination on the dead body of Jagna and found the following injuries: (if lacerated wound on the left parietal area 4' x 2' x bone deep, covered with blood clots; (ii) lacerated wound on the right occipital area measuring 1' x 3/4' x muscle deep covered with blood clots; On opening the body, he found massive haematoma present from both sides of frontal area to both sides of occipital area along with a depressed fracture of left parietal bone measuring 4' x 2' corresponding to injury No. 1. The doctor also found extra dural haematoma in left parietal region 4' x 2' with laceration of dura matter 4' x 2' along with sub -dural and sub -arachnoid haemorrhage in left parietal area measuring 4' x 2'. There was laceration of brain of left parietal lobe 2 - 1/2' x 1 -1/2' into substance deep. The doctor prepared post mortem examination report Ex. P. 8 and opined that the cause of death was head injury and that the time since death was within six hours from the time of post mortem examination.;