Shiv Kumar Sharma, J. - (1.) Laxman and Ram Chandra, appellants herein, along with their father Mool Chand, were put to trial before learned Additional Sessions Judge Rajgarh, District Alwar for having committed murder of Hari. Learned Judge vide judgment dated January 23, 2003, while acquitting Mool Chand, convicted and sentenced the appellants under section 302/34 IPC to suffer imprisonment for life and fine of Rs.1000/-, in default to further suffer simple imprisonment for three months.
(2.) The facts are these : Deceased Hari was living in the field under a hut with his wife Kaushalya whereas his family members were residing far away from him in village Gola-ka-Bas. On March 7, 2002 around 9 PM Hari had gone to Gola-ka-Bas to meet his family. On March 8, at 5 AM Mool Chand (Hari's father) came to the field and informed Kaushalya that Hari had dashed his head with door. Kaushaiya then rushed to Gola Ka Bas and found her husband Hari lying dead in the house of her father in law. At 12 noon, SHO Police Station Tahla reached to the spot and recorded Parcha Bayan (Ex.P.5) of Kaushalya. On that Parcha Bayan case under sections 147, 148, 149, and 302 IPC was registered and investigation commenced. Statement of witnesses were recorded. The appellants and their father Mool Chand were arrested, necessary memos were drawn and on completion of investigation charge sheet was filed. In due course the case came up for trial before the court of learned Additional Sessions Judge Rajgarh District Alwar. Charge under section 302/34 IPC was framed against the accused who denied the charge and claimed trial. The prosecution in support of its case examined as many as 17 witnesses. In the explanation under Sec.313 CrPC, the accused claimed innocence. No witness in defence was however examined. Learned trial Judge on hearing final submissions while acquitting co-accused Mool Chand. convicted and sentenced the appellants as indicated herein above.
(3.) Death of Hari was undeniably homicidal in nature. As per post mortem report (Ex.P-24) following ante mortem injuries were found on the dead body 1. Incised wound with clotted blood present 15 x 4 cm x bone deep left parietal region of scalp. 2. Incised wound with clotted blood present 12 x 1 cm x bone deep mid of frontal region to mid Lt. side nose. 3. Incised wound with clotted blood present 6 x 2 cm x bone deep Rt. parietal region of scalp. 4. Incised wound with clotted blood present 6 x 2cm x bone deep on xi sternum of chest. 5. Bruise 2 x 2cm upper left eye lid. 6. Bruise 4 x 3cm Lt. side chin. Dr. C.L. Meena (Pw.15), who performed autopsy on the dead body opined that cause of death was hemorrhagic shock as result of head injury.;