R.L.GUPTA, J. - (1.) THE appellant Ghanshyam has been convicted by the Additional Sessions Judge No. 2, Jodhpur, by his judgment dated 9 -3 -1977, under Section 302 r/w Section 34 of the Indian Penal Code, for having committed the murder of one Pukhraj and sentenced to imprisonment for life and under Section 324 of the Indian Penal Code for having voluntarily caused hurt to PW 12 Parasmal with a sharp edged weapon and sentenced to undergo rigorous imprisonment for one year.
(2.) ACCORDING to the prosecution, on 30 -1 -1971 at about 3 p.m., the appellant Ghanshyam along with his two brothers Vijairaj alias Vijai Kishan and Vasudeo and their two companions Mahesh and Roop Kishore assaulted the deceased Pukhraj with 'pharsis' and knives, while he came to the rescue of his son PW 12 Parasmal, who was being assaulted by them with their weapons. As a result of the murderous assault, the deceased Pukhraj fell down unconscious. He along with his son Parasmal PW 12, was taken to the Government Dispensary, Bilara, by his son PW 4 Shanti Lal, who came to the spot on hearing that his father and brother had been assaulted. The first information report of the incident Ex P/6 was also lodged by Shanti Lal at Police Station, Bilara, at 3.30 p.m., i.e., within half an hour to the incident. In the report, Shantilal stated that the appellant Ghanshyam and his brother Vijairaj alias Vijai Kishan along with their 2/3 companions, had assaulted the deceased Pukh Raj. The deceased Pukh Raj made a dying declaration Ex. P/14 to the effect:
(3.) AT the Government dispensary, the deceased Pukhraj and his son PW 12 Parasmal were treated for their wounds by Dr. Ashok Ramchandani, who found that the deceased Pukhraj had the following external injuries: (i) Incised wound 2 x 1/2' x 1/4' with bleeding on the scalp on the left of midline placed longitudinally just behind hairline; fracture of skull bone underlying wound No. 1 along its whole length; (ii) incised wound 2' x 1/2' x 1/2' with bleeding oblique on the left parietal region of scalp at middle external laterally forward; fracture of skull underlying wound No. 3 along its whole length. (iii) incised wound 2' x 1/2 x 1/2' with bleeding on the right parietal region of scalp placed oblique on its posterior part; fracture of skull underlying wound No. 5 along its whole length; (iv) bruise 2' x 1' on the back of it forearm at middle. ,;