M.L.Shrimal, J. - (1.) This appeal by accused Ramhet filed from jail is directed against the judgment of the learned Sessions Judge, Bharatpur dated March 6, 1976, whereby he Convicted the appellant under Section 304 Part II I.P.C. and sentenced him to seven years' rigorous imprisonment and a fine of Rs. 500/- for causing the death of Mahendra. However, three other accused namely, Kaptan. Santo and Yadram tried along with the appellant were acquitted of all the charges framed against them.
(2.) The facts giving rise to this appeal are that the accused suspected the deceased to have abducted the wife of accused Santo. In the intervening night of 17th and 18th September, J975 Yadram accused went to the house of Mahendra and invited him to assist in the search of Santo's wife. After some time Mahendra came to his house and slept. On the next morning Yadram again came and asked Mahendra to accompany him as he was wanted by accused Ramhet, Santo and Kaptan. It is alleged that at the relevant time Mst. Kamala was standing on her, roof. After a few minutes of Mahendra's leaving his house she heard a cry of her husband from the side of Kaharo-ka-Nagla. In the company of Deepchand she went towards the side from where the cry was coming. In the way she met Babu Washerman. All the three went to the Nagla of Kahar and they saw all the three accused inflicting injuries on the person of Mahendra. Accused Ramhet inflicted lathi blow on bis head as a result of which he fell down and became unconscious. Taking Mahendra to be dead the accused took to their heels. Injured Mahendra was brought to his house and was shifted to the hospital at Bharatpur where he succumbed to his injuries. First information report of this occurrence Ex. P/6 was lodged before the Deputy Superintendent of Police, Bayana. Autopsy on the dead body of Mahendra was performed by PW 2 Dr. K. L. Sbarma. He noticed the following external Injuries on the person of Mahendra:- (1) One lacerated wound 1, 1/4" x ⅛" X 1/20" below the middle line having a diffused swelling measuring 21/2 x 2' area under the wound around. On internal examination he found the following injuries:- 1. Scalp : Clotted blood under the scalp in it parietal and temporal area 4" x 4" also in the right parietal in 3" x 3' area. 2. Skull bones : There was fracture of the left parietal bone and of temporal bone and there was gapping of the fronto-parietal suture, 1' long on each side of the mid line. In the opinion of the doctor, Mahendra died of coma and shock following head injuries by blunt object. The police after usual investigation submitted challan against four accused, who were ultimately tried by the learned Sessions Jndge, Bharatpur. The accused persons pleaded not guilty to the charge and the prosecution examined 8 witness in support of their case, out of whom PW. 4 Mst. Kamla is the wife of the deceased. She along with PW 5 Deep Chand and PW 6 Babu was examined as eye witness of the occurrence. PW 2 Dr. K. L. Sharrna is the person who conducted the postmortem examination on the dead body of Mahendra. PW 7 Shyamlal is the investigating officer of this case. The accused persons denied their complicity in the Crime and examined four witnesses in support of their plea.
(3.) The learned Sessions Judge keeping in view the contradictions appearing in the statements of the eye witnesses held that the evidence of exhortation was not reliable. He further held that according to the medical testimony there was only one head injury on the person of Mahendra, which is alleged to have been caused by Ramhet and as such the prosecution story regarding beating being administered by other accused was not believable. On the above findings he acquitted the three accused namely, Kaptan, Santo and Yadram and convicted the accused-appellant and sentenced him as mentioned above. Hence this appeal.;