PARTAP Vs. STATE OF HARYANA

JUDGEMENT

(1.) Partap, accused appellant, was convicted by the learned Additional Sessions Judge, Bhiwani, on the charge of murder of Rohtas, deceased, under S.302, Indian Penal Code and ordered to undergo imprisonment for life, besides a fine of Rs. 200.00, or in default of payment thereof to suffer three months further rigorous imprisonment. He was also convicted under S.323, Indian Penal Code, for the simple injuries with blunt weapon on the person of Maidhan (P.W. 10) and awarded three months' simple imprisonment, besides a fine of Rs.50.00, or in default of payment thereof to suffer further 15 days, rigorous imprisonment.

(2.) Feeling aggrieved against the above referred conviction and sentence, the appellant has filed this appeal.

(3.) In brief the facts of the prosecution case are that Partap, accused-appellant, is the step-brother of Rohtas (deceased) and Maidhan (PW). They used to cultivate their lands by irrigating the same from a joint tubewell, operated by electricity. Partap, accused, was not contributing his share of electricity-charges, which resulted in dispute between these two brothers on the payment of electricity-bills. The land of Partap accused adjoins the land of Rohtas, deceased. Land of Rohtas is on higher level to that of Partap and there was a dispute between them over the boundaries thereof.