- (1.) This is an appeal filed by one Mohan against the judgment of the learned Sessions Judge, Partabgarh dated November 30, 1974 by which the appellant was convicted under section 302, Indian Penal Code, and sentenced to undergo imprisonment for life and the other co-accused viz. Tulsa, Nathia, Panna and Madhia were acquitted of the charge uuder section 302 read with section 149, Indian Penal Code. It will not be out of place to mention that the State has lot preferred any appeal with the leave of this Court against the acquittal of the co-accused.
(2.) The prosecution case against the appellant was as follows : On May 8, 1973 at about 5 p.m. Bherun Nath deceased told the appellant lhat he would recover a sum of Rs. 200/- from the latters maternal-grandfather Modanath, as this sum was due to him. The appellant thereupon told Bherun Nath that he would not allow the latter to recover this amount from his maternal grand-father. These talks led to a fight between them. Mohan appellant and his brothers Tulsa, Nathia, Panna and Madhiya, thereafter, started beating Bherun Nath deceased. Mohan appellant inflicted several lathi blows on the head of Bherun Nath, while his brothers also caused injuries to his body with 'lathis'. As a result of the blows Bherun Nath fell down and died after a few hours. In the course of assault Heera Nath and his younger brother Bhanu Nath tried to rescue the deceased, but they were also beaten by the appellant and his brothers.
(3.) A report of this incident was lodged by Heera Nath with the police at police station, Nimbaheda on May 9, 1973 at 4 A. M. On the basis of the report the police registered a criminal case under section 302, Indian Penal Code, and took up the usual investigation into the matter. The police went to the spot inspected the site and sent the dead body of Bherun Nath to the medical-officer-in-charge, Government Hospital, Nimbaheda for post-mortem examination. Dr. Hari Singh conducted an autopsy over the dead body of Bherun Nath and found the following ante-mortem external injuries on it:- JUDGEMENT_34_LAWS(RAJ)8_19791.html Upon dissection of the body, he detected fractures of left temporal bone, left parietal bone, right temporal bone, and right parietal bone. He noticed subdural haemorrhage also which was extensive over both sides. In his opinion Bherun Nath died on account of shock caused by head injuries and sub-dural haemorrhage over both sides. Dr. Hari Singh examined the injuries of Heera Nath, Manga Nath and Gulab Nath also, which are mentioned in his report.;