- (1.) This cr. appeal is directed against the judgment dated 5.9.2012 whereby the learned Addl. Sessions Judge NO.2, Chittorgarh camp Begun convicted the accused appellant for offence under Section 302 IPC and sentenced for life imprisonment with fine of Rs.1,000/- and in default of payment of fine to further undergo one month additional simple imprisonment. On a written complaint filed by Bhura Lal, brother of the deceased Nana Lal (Ex.P/1), FIR no.220/2009 was registered against the accused appellant at Police Station Begun, District Chittorgarh. In the complaint, the complainant Bhura Lal alleged that today in the early morning at 4.30 am his younger brother Nana Lal s/o Mangi Lal went for easing out. After some time, Narayan S/o Parthu came at his house and informed that your brother Nana Lal is lying in the way and injuries are sustained upon his head and hand.
(2.) The complainant Bhur Lal alongwith Dal Chand, immediately went on spot where Nana Lal was lying in the serious condition having injury upon his head and hand. In the FIR it is alleged that my elder brother Jagdish accused appellant earlier assaulted the deceased brother Nana Lal, therefore, enmity is going on in between them. The complainant made specific allegation that my brother Jagdish attacked upon him with intention to cause death alongwith his wife and this incident was seen by the villagers. The complainant Bhura Lal and Dal Chand brought the injured Nana Lal to hospital at Begun. The S.H.O. Police Station registered the FIR no.220/2009 on 30.7.2009 under Section 307 IPC which is on record as Ex.P/13 and commenced investigation.
(3.) As per prosecution case due to seriousness of injuries the injured Nana Lal was referred to the Government Hospital, Kota where deceased Nana Lal was admitted in the emergency ward which is evident from admission card Ex.P/16 in which head injury is mentioned. The head of the deceased Nana Lal was operated but after four days during treatment Nana Lal died on 3.8.2009, the post mortem of his body was conducted in the hospital by the medical board and report Ex.P/17 was prepared on 3.8.2009 and the medical board gave its opinion that cause of death is comma as a result of anti mortem head injury, the injury found upon head was sufficient to cause death.;