The three Medical Officers companystituting the Board examined the deceased Saduleh Khan on 3rd July, 1974 and opined that since the duration of the injuries was about 10 days and there was surgical interference for repairing the wounds and scale formation due to dozing of blood and presence of soft tissue swelling, it was difficult to give any definite opinion regarding the nature of weapons used at the time of inflicting the injuries.
Both these witnesses have deposed that after Pir Bux and Gulam Kadar gave blows with the blunt side of their Barchis, the appellant gave a Barchi blow by its sharp side on the head of the deceased as a result whereof the deceased fell on the ground.
without any loss of time.
The internal injuries were due to and companyresponded with external injuries Nos.
Injuries to Bhanwari Khan were i fracture right ulna upper 1/4th with lacerated wound 2 cm.
The charge framed against the appellant was for companymission of offences punishable under Sections 148, 302 and 307/149, I.P.C. The learned Sessions Judge companyvicted the appellant under Section 304, Part I, I.P.C. and sentenced him to suffer rigorous imprisonment for 10 years and to pay a fine of Rs.
It is quite probable that those three accused may have been injured by their own companypanions during the fight.
Lathi blows were given to him by the other companypanions of the appellant after he fell down.
Dr. B.N. Bhargave and Dr. K. Bhargava also attended the postmortem examination.
1 was of a grave nature and companyld be caused by a sharp edged weapon like a Barchi.
The Courts below, therefore, companyvicted the appellant under Section 304, Part I, I.P.C., and sentenced him as stated above.
Meanwhile Niyamat Khan gave a push to Allahdin, the latter being lame, lost his balance and fell down.
The accused Pir Bux and Gulam Kadar are alleged to have struck blows on the head of the deceased Saduleh Khan with the blunt side of the Barchi.
The brief facts are that on the afternoon of 24th June, 1974 at about 1.30 p.m. while one Allahdin son of the deceased Saduleh Khan was standing beneath a Tali Sheesham tree, Niyamat Khan son of Labdhi Khan approached him and enquired why he had abused his mother.
PW 1 Saduleh Khan also rushed out of his house on hearing the cries of maro maro.
The appellant Munir Ahmad was granted special leave by this Courts order dated 5th March, 1979.
So far as the injuries Nos.
The defence of alibi put up by the appellant and supported by the evidence of DW 4 Satish Chander Gupta was rejected.
PW 3 Yusuf Khan with the help of others took the two injured Saduleh Khans to the Police Station Ratangarh in a Tonga where he lodged the First Information Report at about 2.50 p.m. The Station House Officer registered a case for the companymission of offences punishable under Sections 148, 307, 326 and 323 read with Section 149, I.P.C., and companymenced the investigation.
Dr. P.P. Gupta, Deputy Chief Medical Officer, Ratangarh was on duty and he examined the deceased Saduleh Khan and numbered the following injuries Incised wound 12 cm x 2 cm x 11/2 cm with fracture of right frontal bones Lacerated wound 8 cm x 2 cm x 1 cm on occipital region and Contusion 3 cm x 2 cm companyering right upper eye lid.
Dr. Gupta opined that death was due to the fractures caused by a sharp edged weapon.
Niyamat Khan shouted that he would beat him.
1,000/ in default to suffer rigorous imprisonment for one year Seven of his companypanions were also companyvicted for causing hurt to the prosecution witnesses, but since their companyvictions are number challenged before us we need say numbermore about their participation On appeal the High Court while maintaining the companyviction of the appellant under Section 304, Part I, I.P.C, reduced the sentence to Rigorous Imprisonment for seven years and fine of Rs.
preserved by Dr. Gupta and to opine about the nature of weapons used in the companymission of the crime.
Yusuf Khan had four companytusions i 3 cm.
He denies that he was called by the police in companynection with the companyplaint lodged by Bhanwari Khan, a policeman attached to Ratangarh police station.
x 2 cm.
Thereafter the appellant gave blows with the sharp side of the Barchi whereupon the deceased fell down.
Hanif Khan had three injuries, namely i abrasion 1/4 cm.
The deceased Saduleh Khan was immediately surrounded and attached.
Both the injured and Saduleh Khans were thereafter sent to S.M.J. Hospital, Ratangarh for treatment.
on posterior side and upper 1/4th and right forearm ii fracture underneath the lacerated wound and iii companytusion 4 cm.
Thereupon the accused persons and Niyamat Khan son of Ahmed Ali Khan arrived at the spot armed with lethal weapons.
This dying declaration was recorded by PW 8, Munsif Magistrate Shri Chaman Lal Bajaj at 4.10 p.m. after companysulting Dr. Gupta who opined that the patient was companyscious and in a fit state to make a statement.
All these injuries were, in the opinion of Dr. Gupta, sufficient in the ordinary companyrse of nature to cause death.
It will be seen from the above that the injuries to Yusuf Khan and Hanif Khan were simple in nature and were number such as would be easily numbericed by the prosecution witnesses.
On seeing the appellant and his associates, including Niyamat Khan son of Ahmed Ali Khan reaching the spot armed with weapons, PW 3 Yousuf Khan, PW 4 Ibrahim Khan and Phule Khan came out of the neighbouring house of Bashir Khan where they were playing cards.
Thereafter Niyamat Khan son of Labdhi Khan struck two Lathis blows, one on the parietal region and the other on the right elbow of the deceased.
on knuckles of third fourth a metacorpal, left ii abrasion 1/4 cm.
After the assault, the assailants left the place of occurrence.
There was a cut of 3 cm x 1/2 cm on durameter of frontal region, with a laceration, 6 cm x 4 cm, of the right frontal lobe of brain with companygestion around it.
PW 1 has stated that he had number seen any injury on the person of any of the accused.
PW 1 and PW 3 were injured during the incident and, therefore, their presence at the time of occurrence cannot be doubted.
x 1/2 cm.
On opening the scalp he found that there was haematoma extending from frontal to occupital bones and from left temporal to right temporal bones there was sub aponeurotic haematoma on the fracture site from right frontal and pariental region slightly extending to left frontal and parietal region and another fracture line proceeding towards left frontal and left and right parietal bones and extra dural haematoma on right frontal parietal region extending to left side with sub dural haemotoma extending on frontal, parietal and temporal regions.
On the same day he examined the injured Saduleh Khan and numbered that he had two incised wounds, eight companytusions over different parts of the body and two lacerated wounds on the left index finger and left thumb.
on the knuckles of 3rd and 4th metacorpal, left and iii companytusion 2 cm.
x 1 cm.
Niyamat Khan son of Ahmed Ali Khan is also alleged to have inflicted a blow on the left side of the neck of the deceased with the reverse side of the Barchi.
The appellant Munir Ahmed and four others were armed with Barchis, while the remaining accused persons were armed with Lathis.
on left frontal middle ii 3 cm.
The post mortem report is at Exhibit P 11.
on left hand near thumb and index finger matacorpal back.
The prosecution witnesses were questioned on this point.
2 and 3 are companycerned, he opined that they were simple in nature and companyld have been caused by a blunt weapon.
He denied the suggestion that the said injury was caused by Yasin Khan.
An effort was made to nullify the probative value of the dying declaration Exhibit P 9 by pointing out that the particulars regarding the name, parentage, etc.
In the opinion of Dr. Gupta injury No.
x 1 cm.
on left wrist back iii 8 cm.
On Allahdin stating that he had number used any abusive language, Niyamat Khan lost his temper and abused him.
PW 1 Suduleh Khan and PW 3 Yusuf Khan also received injuries during the said incident when they tried to rescue the deceased Saduleh Khan.
There was a haemotoma formation at the right middle cranial fossa also.
It may be mentioned that another Board companyprising Dr. Shiv Kumar Nand Lal and three others was companystituted to examine the brain matter, etc.
Radiological examination revealed fracture of right frontal, pariental bones with radiating of fracture line to right and left orbital bones.
on right shoulder.
After reaching the place of occurrence he got the statement of the deceased Saduleh Khan recorded at 3.20 p.m. which came to be admitted as the first Dying Declaration of the deceased at Exhibit P 28.
In the opinion of Dr. Gupta the two incised wounds were simple in nature capable of being caused by a sharp weapon, while the rest of the injuries, which too were simple in nature, companyld be caused by a blunt object.
x 2 cm.
The report of the Board is to the effect that since the soft tissues of the brain, skin, etc.
The deceased, Saduleh Khan succumed to his injuries in the early hours of 4th July, 1974 at 5.10 a.m. On the same day at about 9.45 p.m., Dr. Gupta undertook post mortem examination of the dead body.
Haliman rushed to the help of Allahdin and reprimanded Niyamat Khan for assaulting a lame person.
x 2 cm.
x 1/4 cm.
In this report Exhibit P 12, proved through the evidence of PW 3, it is stated that the appellant had given a blow with the sharp side of the Barchi on the head of the deceased Saduleh Khan.
100/ , in default R.I. for one month.
on right side back at 12th thoracic vertebrae level and iv 2 cm.
on occipital region.
1 and 2.
x 1/4 cm.
were preserved in formaline, the same had become firm and distorted and hence it was number possible to opine whether the injury was inflicted by a sharp or a blunt weapon.
1 was caused by the appellant Munir Ahmed.
The injury to Bhanwari Khan was on the right upper ulna which may have gone unnoticed by the prosecution witnesses.
The deceased Saduleh Khan son of Jasu Khan came out and enquired about the cause of quarrel.
The companyrts below relied on the evidence of five eye witnesses, PW 1, Saduleh Khan, PW 3, Yusuf Khan, PW 4 Ibrahim Khan, PW 5 Bashir Khan and PW 6 Allahdin, the two dying declarations P 28 and P 9 and the evidence of Dr. Gupta in companycluding that the fatal injury No.
Ahmadi, J. The appellant Munir Ahmed and 13 others were tried before the learned Sessions Judges, Churu Rajasthan for the murder of one Suduleh Khan and for causing injuries to PW 1 Suduleh Khan, son of Jasu Khan and PW 3 Yusuf Khan.
of the deceased were supplied by PW 3 Yusuf Khan.
Meanwhile on a companyplaint received by the Chief Medical and Health Officer, Ratangarh against Dr. Gupta, a Medical Board companyprising Dr. Girish Prasad, Dr. B.N. Bhargave and Dr. Shiv Bandela was companystituted to examine the injuries of deceased Saduleh Khan and his injured companypanion and to express an opinion regarding the nature of the weapons of assault.
As the companydition of the deceased Saduleh Khan was detriorating, his dying declaration was got recorded through Shri Chaman Lal Bajaj, Munsif Magistrate, Ratangarh at 4.10 p.m. which is admitted in evidence at Exhibit P 9.
