KAN SINGH, J. - (1.) THREE persons were put on trial before the learned Additional Sessions Judge, Gangapur City, for causing the death of one Mohania on 26 -7 -74. The learned Additional Sessions Judge convicted Ramswaroop under Section 302 I.P.C. and condemned him to death. He convicted accused Ramjilal for the offence under Section 302 read with Section 34 IPC and sentenced him to imprisoment for life. He however, aquitted Ramkhiladi. Ramswaroop's case is before us for confirmation of the death sentence and the two accused had filed appeals through jail as well as through their counsel and in this way all these four matters are being disposed of by this judgment.
(2.) DECEASED Mohania who was aged 60 or 62 years, was living in village Rendayal Turk in the part of the habitation where Thakurs lived. His relations with the Chamars of the village who lived in another part, were strained on account of a criminal case between Mohania and some of the Chamars. On the morning of 26 -7 -74 accused Ramswaroop accompanied by accused Ram jilal went to the house of Mohania and the two forcibly brought him to the Chamarwada. The prosecution case is that Ramswaroop had a pharsi with him and Ramjilal was armed with a lathi. The two were bitting him with their respective weapons while Mohania was being pulled or dragged towards the part of the village where the Chamars lived. This part of the incident was witnessed by PW 2 Malkhansingh and PW 6 Bahadursingh who were sitting on a chabutra in the village chowk. They bad seen Mohania being forcibly taken away towards the Chamars habitation. Mohania was thus brought to the Chamars habitation and there accused Ramkhiladi joined the assailants Ramkhiladi too was carrying a lathi with him. In this habitation of Chamars, Ramswaroop hit Mohania on the head with the pharsi while Ramjilal is alleged to have hit him on the shoulder with his lathi as a result of which the left arm of Mohania was fractuted. As a result of the blows inflicted by Ramswaroop with the pharsi, Mohania was seriously injured. Thereafter one Narain Singh PW 3 and one Ghamandi put Mohania in a cart and started for Mahaveerji where there was a dispensary. Mohania, however, succumbed to the injuries on the way PW 1 Gopalsingh who was a vakil, happened to pass by the fide of the bullock cart in a tractor. He stopped for a while to find out who the deceased was and how he had been done to death. The witness was then apprised by Narainsingh of the incident. While Narainsingh and others were bringing the dead body in the cart, PW 1 Gopalsingh informed the Police Station, Hindaun, on telephone. The information given by Gopal Singh on telephone was recorded by the Sub Inspector Bachansingh PW 11 He immediately took up the investigation. He arranged to send the dead bady of Mohania to Dr. Gajanand PW 9. Dr. Gajanand performed the post mortem examination of Mohania the same day and he found the following external injuries on the dead body: 1. Incised wound on the head temporal region left side. The measurements are 4 1/2' x 1/2' x 1/2'. 2. Incised wound on the head occipital region, 3'' x 1/2' x 1/2'. 3. Incised wound 2' x 1/2' x 1/2' on the forehead. 4. Incised wound on the clavicle Section 3' x 2'' x 1/2'. 5. Left upper arm fractured. 6. Incised wound 4' x 1/2' x 1/4' on the right leg 6' above joint. 7. Incised wound anterior side of the left leg 2' x 1/2' x 1/2'. 8. Incised wound medial side left leg 2'' x 1/2' x 1/2'. The doctor noticed multiple, extensive abrasions on the thorax as well as the abdomen of Mohania. There was a fracture of the left upper arm humerus 3' below the shoulder joint According to the doctor, the cause of death was multiple head injuries and the fracture of the left upper arm and the injuries were sufficient in the ordinary course of nature to cause the death.
(3.) PW 11 Bachansing arrested the accused and on the information furnished by accused Ramswaroop he recovered the pharsi Article 2 at his instance. The pharsi was properly lesled and then sent for chemical examination. The report of the chemical examiner Ex P 18 shows that it was stained with blood and the report of the Serologist Ex P 19 shows that the blood on the pharsi was human blood. The lathi Article 4 was similarly recovered on the information furnished by accused Ramjilal and on being sent for chemical examination it was found to be stained with blood. According to the Seriologist, the blood was human blood After completing the investigation, the police put up a challan against the three accused with the result mentioned at the out -set.;