Further case of the prosecution is that Gujarmal along with his sons Maharaj Singh and Bachan Singh attacked Ram Swaroop with lathis and beat him on his head and other parts of the body.
On the date of the incident, deceased Ram Swaroop was taken to Karoli Hospital and he was admitted there.
PW 3 deposed that he had seen a quarrel taking place between deceased Ram Swaroop and Gujarmal and that he also saw accused Maharaj Singh and Bachan Singh beating up Gujarmal with lathis on his head.
All these witnesses are residing in the neighbourhood and there is numberreason to disbelieve these witnesses.
He deposed that on the date of the incident.
The fact that the incident happened on 5.10.92 and Ram Swaroop sustained fatal injuries and was admitted in the hospital and as to how the incident happened, is spoken by a series of witnesses.
P 1 written companyplaint before the Masalpur Police Station and on that basis the case was registered and the investigation started.
There was a fracture of the skull and the doctor was of the opinion that the death was due to the injuries on the head which resulted in clotting of blood.
PW 1 is the wife of the deceased Ram Swaroop.
Ram Swaroop fell unconscious.
Aggrieved by the same, they preferred an appeal before the High Court and the learned Single Judge held that they were number guilty of any offence.
PW 2 deposed that Maharaj Singh hit Ram Swaroop on his head near the left eye, as a result of which Ram Swaroop fell on the ground.
She deposed that on the day of the incident, her husband Ram Swaroop had gone to the house of Gujarmal and she came to know that Gujarmal and his sons had beaten up her husband and he was admitted in the hospital.
This finding of the learned Single Judge is challenged by the appellant State.
There were five injuries and all the injuries were caused on his head.
P 1 report was made by PW 2 on 7.10.1992 at 10.30 A.M. The delay in registering the case was due to the ignorance and negligence on the part of the police.
PW 2 Rajpal is also an eye witness.
Delay in lodging the F.I.R. would be material when there is a doubt regarding the prosecution case.
Hospital at Jaipur.
As his companydition was serious, Ram Swaroop was referred to Govt.
The fact that deceased Ram Swaroop was brutally attacked by these accused persons is proved satisfactorily.
Aggrieved by the judgment of the learned Single Judge, the present appeal is preferred by the State of Rajasthan.
The dead body of Ram Swaroop was subjected to post mortem examination.
The learned Single Judge was of the view that the incident happened on 5.10.1992 between 7 A.M. and 8 A.M. and the report was given to the police at 10.30 A.M. on 7.10.1992 and that this delay was number satisfactorily explained.
The prosecution case is that on 5.10.1992 at about 8 o clock in the morning, deceased Ram Swaroop went to the house of the first accused Gujarmal and told him that his camel had been causing damage to the cultivation of the deceased and requested Gujarmal number to allow the camel to stray into his field.
Gujarmal, Maharaj Singh and Bachan Singh had lathis with them.
Ram Swaroop went to the house of Gujarmal and told him that his camel had been causing damage to his cultivation.
But on the way to the hospital.
Then PW 1 and others took the injured to his house.
PW 1 to PW 5 were the eye witnesses.
P 13 report wherein PW 6 numbered that the patient was number fit for making any statement.
PW 4 and PW 5 also gave a similar version of the incident.
As a result.
P 11 report, the S.H.O. made an entry to the effect that he visited the hospital and made Exh.
On 7.10.1992, PW 2 Rajpal gave Exh.
Accused Gujarmal got annoyed with the deceased over this companyplaint.
There is numberallegation that the accused were roped in and a false case was foisted upon them.
Ram Swaroops wife and the other eye witnesses took him to Karoli Hospital.
P 11 report to the police station and the S.H.O. came to the hospital, but Ram Swaroop was number in a fit companydition to make any statement.
Ram Swaroop died.
While Ram Swaroop was in Karoli Hospital, a head companystable visited the hospital on receiving intimation from the doctor, but he companyld number take any statement from Ram Swaroop.
However, the learned Single Judge of the High Court declined to accept the prosecution version merely on the ground that there was a delay in lodging the F.I. statement before the police.
The police officer who visited the hospital at Karoli companyld have registered the case based on the information that may be volunteered by any of the bystanders to the patient.
Originally there were three accused, but the first accused Gujarmal died during the pendency of the appeal.
PW 6, Dr. M.L. Kawant, attached to the hospital at Karoli deposed that he sent Exh.
On the back of the Exh.
G. Balakrishnan, J. This appeal is preferred by the State of Rajasthan against the acquittal of the accused respondents by the High Court.
The delay in lodging the report before the police has number caused any serious prejudice to the accused number did it cast any doubt on the prosecution case.
Strangely enough, the police did number take any action thereafter and they swung into action only when Exh.
The finding of the learned Single Judge that the delay in lodging the F.I. statement is number explained is incorrect.
