Navin Sinha, J. - (1.) The present appeal arises from judgment and order dated 23.02.1984 by the Sessions Judge, Sawai Madhopur in Sessions Trial No.7/84 (41/83) convicting the appellants variously under Sections 302, 302/149, 147, 323, 323/149 and 323/34 IPC along with fine and default stipulation.
(2.) Appellants Kamal and Shriphal are stated to have been deceased during the pendency of the appeal as informed to the State Counsel in writing on 29.08.2016 by the Officer in-charge P.S.Salempur. The appeal therefore stands abated as against them.
(3.) Kamod Singh, PW-1 brother of the deceased Ramsingh gave a written report, Exhibit P/1 to the Salempur Police Station on 13.12.1982 at 3:15 p.m. with regard to an assault on the deceased and his son Ganpat, PW-2 the previous day at 4.00 p.m. Formal FIR No.113/1982, Exhibit P/2 was registered on basis of the same that while Ganpat, PW-2 was having his bath at the well water splashed, the appellant Dalganji abused and assaulted the witness with lathi on the head. Sriphal assaulted with lathi on the thigh, Harswarup assaulted with lathi on the back and Ramsahai assaulted with lathi on the shoulder. The deceased intervened and was assaulted by Kamal on the head with a 'dhariya'. The others assaulted with lathi. On hearing the commotion the informant, PW-1 and Sujan Singh, PW-4 came running. The deceased was first taken to Mahu and then to Hindaun hospital from where he was referred to the Karoli hospital and expired there at about 11:00 p.m. Post mortem, Exhibit P/7 was conducted by P.W.-5 Dr.R.C.Bansal who found the following five injuries on the deceased:- (i) Lacerated wound over right side of median line of scalp over frontal area with clotted blood (size 6 c.m. X 1/2 c.m. x skin deep) (ii) Contusion with swelling over right side of occipital region size 6 c.m. X 6 c.m. (iii) Contusion with swelling over left parietal region in anterior part size of 5 c.m. X 4 c.m. (iv) Contusion with swelling over posterior part of left region (5 c.m. X 3 c.m.) (v) Contusion over right scapular region 7 c.m. X 2 c.m. Death was opined due to coma and shock because of severe head injury by blunt weapon and the time elapsed since death was estimated as approximately 24 hours.;