S.S. Byas, J. - (1.) Accused Dula Rawat was convicted under sections 302, 307, 326 and 323, I.P.C. and sentenced to imprisonment for life on the first count, rigorous imprisonment for five years on the second and third counts and three months rigorous imprisonment on the last count by the learned Sessions Judge, Pali by his judgment dated December 23, 1981. He has come-up in appeal and challenges his conviction.
(2.) Briefly stated, the prosecution case is that the deceased-victim Suwa, aged about 25 years, was the brother of PW 1 Smt. Dhapu and PW 3 Bhoma and the son of PW 2 Smt. Sakina. They were residing together in village Ration-ka-Khera, P.S. Raipur district Pali. Smt. Dhapu (PW 1) was married to accused Dula. She gave birth to a male-child, who passed-away after one month of his birth. The accused turned out Smt. Dhapu from his house and sent her to her parents house. Smt Dhapu came to her parents house and started living with them. This took place somewhere in May, 1976. Two or three days afterwards, the accused came to village Ration-ka-Khera on May 21, 1976 and stayed with his in-laws. The deceased Suwa was sleeping on the Chabutari situate out-side contiguous to the house. At about 6.00 a m. on May 22, 1976. Smt. Sakina (PW 2) was peeling the corn of maize ears and Smt, Dhapu was working inside the house. The accused took-up the spade lying near Smt. Sakina and started striking blows to her with it. She raised cries, Smt. Dhapu (PW 1) came out. The accused thereafter struck innumerable blows to Suwa with the spade. Both of them, i.e. Suwa and Smt Sakina became unconscious and the spot, There was profuse bleeding from their wounds and the clothes they were wearing got drenched with it. The accused paddled the bicycle and escaped. PW 4 Koopa and some other persons of the village collected on the spot and took the two injured alongwith Smt. Dhapu to the Government Hospital, Beawar, where they were admitted for medical treatment. Dr. Sushil Narain, who was on duty, informed the City Police Beawar on telephone that Suwa and Smt. Sakina were admitted for medical treatment and that their writing condition was precarious. This information was recorded in to in the Rojnamcha of the Police Station. The Head Constable Police Kesarsingh (PW 7) immediately went to the hospital and recorded the statement Ex. P 1 of Smt. Dhapu. A case under section 307, I.P.C. was registered against the accused. Since the offence was committed within the jurisdiction of Police Station, Raipur, Ex. P 1, alongwith the formal first information report Ex. P 5 were sent there through a special messenger. Despite medical treatment, Suwa did not survive and passed away at about 7.45 a.m. on May 23, 1976. The Police added section 302, I.P.C. and proceeded with investigation. The Station House Officer Ramsingh (PW 6) went to the Government Hospital, Beawar and prepared the inquest report of the dead body of Suwa. He also visited the site of the incident and prepared the site plan. The injuries of Suwa (during his life-time) and the injuries of Smt. Sakina were examined on May 22, 1976 by PW 15 Dr. Sushil Narain, He found the following injuries on the person of Smt. Sakina and Suwa ;- On the person of Suwa:- 1. Incised wound 11/4" X 1/4" X 1/4" fore-head just above left eyebrow. 2. Incised wound 1/2" X ⅛" X ⅛" fore-head left side. 3. Lacerated wounds two 1" X 1/2" X 1/4" and 2" X ⅙" X ⅛" left cheek. 4. Abrasion 1/4" x ⅙" face left side near chin. 5. Incised wound 11/4" X 1/2" X 1/4" left mastoid region. 6. Black eye left. 7. Swelling left side maxillary region. On the person of Smt. Sakina:- 1. Abrasion 1/4" X ⅙" on nose. 2. Abrasion 1/4" X 1/4" forehand left side. 3. Lacerated wound 1" X 1/4" X ⅙" forehead just above right eyebrow. 4. Black eye right. 5. Lacerated wound 1/4" X ⅛" X ⅛" near lateral angle of right eye. 6. Lacerated wound 1/4" X 1/2" X ⅙" face right side. 7. Lacerated wound 1/2" X 1/4" X ⅛" near medical canthus of right eye. 8. Abrasion 1/4" X 1/4" fore-head right side. 9. Incised wound 11/4" X 1/4" X bone deep and 21/4" X 1/4" X bone deep scalp posteriorly.
(3.) On X-ray examination, fractures of some of her bones were detected. The injury report issued by the doctor is Ex. P 20. The medico-legal autopsy of the dead body of Suwa was conducted at about 10.00 a.m. on May 23, 1976 by PW 13 Dr. V.V. Sharma-the then Medical Jurist, Government Hospital, Beawar. The doctor found the following injuries over the dead body:- External 1. Incised wound 11/4" X 1/4" X 1/4' on left side or the fore-head spindle shape with clean cut margins situated above the left eye-brow, obliquely and floor containing clotted blood. 2. Incised wound 1/2" X ⅛" X ⅛" on the left frontal eminence, obliquely situated. 3. In-cerated wound 1" X 1/2" X 1/4" on the left cheek, obliquely situated. 4. Lacerated wound 1/2" X ⅙" X ⅛" on the left cheek medical to the injury No. 3. 5. Abrasion 1/4" X ⅙" on the left side of the chin. 6. Incised wound 11/4" X 1/2" X 1/4" on the left mastoid region. Internal- 1. A fissured fracture 6" in length of the left parietal bone, membrane's were congested, subdural haematoma was present. Brain matter was congested and was covered with clotted and fluid blood, under the fractured bone. 2. Fracture of the left maxilla 1" X cavity deep. 3. Lungs, liver, spleem and kidneys were congested. Circumcision was not present. Rest of the organs were found to be healthy;