JAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All the six Appellants have preferred these three Appeals which arise out of the same occurrence and common judgment dated September 16, 1994 in Sessions Case No. 104/94 (old No. 18/94, passed by Additional Sessions Judge, Behror, whereby they were convicted and sentenced as under: (i) Under Section 302 read with Sec. 149 I.P.C. to suffer imprisonment for life and to pay a fine of Rs. 1,000/- each. In default of; payment of fine to undergo imprisonment for six months; (ii) Under Section 364 I.P.C. to suffer 4 years rigorous imprisonment and to pay a fine of Rs. 500/- each. In default of payment of fine to undergo simple imprisonment for three months; (iii) Under Section 147, to suffer one years rigorous imprisonment and to pay fine of Rs.100/- each. In default of payment of fine to undergo simple imprisonment for one month. The substantive sentences were ordered to run concurrently.

(2.) The facts of the case are well set out in Para-2 of the impugned judgment of the Trial Court which indicate that the deceased Sukhdev was running a small grocery shop in village Khohar at the time of incident. The shop of PW 8-Ram Niwas was situated towards South of his shop. On the fateful night of 1.1.84 at about 8 or 9 p.m. appellant Shaitan Singh came to his shop and asked for Namkeen on credit basis. He was in a drunken state at that time. Sukhdev refused to provide Namkeen without cash payment and this was not relished by Shaitan Singh, as he had to go back without Namkeen. While leaving the shop, he left a threat to Sukhdev that he would teach him a lesson and destroy his shop. After an hour or so, Shaitan Singh came back to the shop of Sukhdev alongwith other appellants. They dragged out Sukhdev from his shop and forcibly took him to their house giving him beating on the way. PW 1 Gopi Ram, brother of Sukhdev, happened to be there as he had brought meals for Sukhdev. On his screaming, witnesses Mange Singh, Heera Singh, Govind Jogi and Phool Singh came there and they followed the accused persons with a view to rescue Sukhdev. Some villagers also came to the house of the accused and eventually they succeeded in rescuing Sukhdev who was badly bruised at the hands of the accused persons. Sukhdev was brought back to his shop in an unconscious condition. Due to non-availability of any means, injured Sukhdev could not be taken to Behror for his treatment in the night itself. The report of the incident was made next day at 10 a.m. at Police Station, Behror by PW 1 Co pi Ram, and Crime No. 2/84 was registered under Sections 147, 148, 149, 307, 452, 325, 342 and 323 I.P.C. Thereafter. investigation commenced.

(3.) The injured Sukhdev was first taken to Behror Hospital in the morning of 2.1.84 and from there, he was shifted to General Hospital, Alwar on advice of the Doctor. At Alwar, his injuries were examined by PW 18 Dr. P.S. Agrawal, Medical Jurist, General Hospital, Alwar and following injuries were noticed vide M.L.R. Ex. P-17. (i) Haemotoma 6 cm. x 5 area left temporal fronto parietal region with bruise 4 cm. x 2 cm. (ii) Haemotoma 8 x 5 cm. area Rt. fronto temporal parietal region with bruise 5 x 2 cms. bleeding mark from nostrils. (iii) Swelling over upper and lower lips and laceration of inner surface and bruised. Lower left incisor tooth missing, gum lacerated. (iv) Bruise 6 x 2 cms. Rt. hand with swelling. (v) Bruise right side back. (vi) Bruise left side back 12 x 4 cms. with bone eruptions underneath. (vii) Swelling over left hand. (viii) Bruise 4 cms. x 2 cms. left shoulder. All the injuries were caused by blunt object. Injuries NO.3 and 6 were opined to be grievous, while for injuries Nos. 1, 2, 4, 5 and 7 X-Ray was advised. Sukhdev died at 7 a.m. on 3.1.84. The autopsy on his dead body was also conducted by Dr. P. S. Agrawal. He found the above referred external injuries on the person of the deceased. On dissection of the body, the following internal injuries were found: 1. Subcutaneous and muscular blood clots under external injury Nos, 1, 2, 5, 7 and 8. 2. Subcutaneous and muscular blood clots under external injury No. 4 with fracture of metacarpal bone of mid finger. 3. Subcutaneous and muscular blood clots under external injury No.6 with fracture of 7th, 8th, 9th and 10th ribs with laceration of plurea and lung left side. Plural cavity contained blood about 12 ounces and left lung was collapsed. The cause of death, in the opinion of the doctor, was due to multiple injuries and chest injury with fracture of ribs and laceration of plurea, left lung and collapse of left lung associated with haemorrhage and shock. The injuries were ante-martious in nature. The post-mortem report is Ex. P16 on the record. The Doctor further made clear that death was caused by external injury No.6 mentioned in post-mortem report Ex. P16 with internal effect and rupture of lungs. All other injuries were not sufficient to cause death.