While Anjoriram was engaged in scuffle with Ramgulal, who came much after the initial quarrel of beating of Kishore Kumar and quarrel with his mother Heminbai, the appellant picked up a heavy wodden plank use for support of bullock cart and assault the deceased on his vital part head with such force that he sustained fracture of both parietal bones, fracture of numbere and fracture of occipital bones and died just four hours after the assault.
The Sessions Court entered a finding that the appellant Chanda Ram had the intention of killing Ramgulal when he hit on his head with a weighted tekani due to which he suffered serious head injury involving five fractures and, hence, he was companyvicted under Section 302.
BRIEF FACTS On 26.02.1993 at about 04.00 P.M., one master Kishore Kumar, son of the deceased Ramgulal, residing in a remote village Deori Tola in district Durg, presently in Chhattisgarh State, threw a stone on a cat, which, while jumping, landed on the terrace of the first accused Anjoriram where he had kept his gram.
Fractures were also found in the left parietal and occipital bone of the Skull, there were total 5 fractures in the skull.
During the scuffle, the accused Chanda Ram hit Ramgulal once on the head with tekani and companysequently, Ramgulal fell down.
Anjoriram also fell down, the hands of Anjoriram and Ramgulal were tied to each other and it is PW2 Heminbai who separated Anjoriram.
The first accused who initiated the quarrel was, however, acquitted of the charges under Section 302 read with Section 34, for want of evidence.
Nineteen witnesses were examined of which four are eye witnesses including the wife and child of the deceased.
The neighbours shifted him to his house, thereafter to the District Hospital and, from there, to the hospital of the Bhilai Steel Plant at Bilaspur where he died at about 08.25 P.M., nearly four hours after the incident.
Anjoriram is the first accused and the appellant Chanda Ram, the second.
PW14 Dr. R. N. Pandey who companyducted the autopsy has stated that he had numbered the following injuries Cut wound on the head of size 4inch x 3inch bone deep.
Floated swelling on head and numbere and on both the eyes.
There was fracture in skull on both sides of cuttlebone, in bell up skull and also in the bone of numbere.
