STATE OF RAJASTHAN Vs. SOHAN NATH

JUDGEMENT

(1.) The appellant Sohan Nath stood trial of the charge of murder of his brother Naouranglai before the court of learned Addl. Sessions Judge, Rajgarh District Churu. The learned trial Judge by judgment dated 28.6.99 convicted the appellant Sohan Nath of offence u/s 304(1) IPC.and sentenced to 7 years R.l. and to pay a fine of Rs. 2000, in default of payment to further undergo 6 months R.l. The appellant Sohan Nath has preferred an appeal challenging his conviction and sentence. The State has filed an appeal challenging the acquittal of the appellant of offence u/s 302 IPC.In view of our order dated 6.7.2000 both the appeals are taken up for hearing.

(2.) The prosecution case as set out during the trial is as follows : Deceased Naouranglai and the appellant Sohan Nath were brothers. Deceased Naouranglai was engaged as labour on daily wages basis by the Department of Forest under the Forest Conservation Project Scheme. On 31st July, 1998 Sohan Naths children mere alleged to have taken certain plants without permission of the guard namely Naouranglai. This led to quarrel between both the brothers namely Naouranglai and Sohan Nath. The incident was witnessed by PW/3 Bhanwar Lal. According to Bhanwar Lal the incident took place at about 3 p.m. It is also stated that on his intervention Sohan Nath went away but he returned at about 7 p.m. He was armed with lathi. It is stated that he started abusing Naouranglai and struck a lathi blow on the head of Naouranglai, on account of which, he fell down. He was challenged by PW/2 Vikram. On seeing him, he ran away. The injured was taken to the hospital at Taranagar in a jeep where he succumbed to the injuries at about 3 A.M. PW/3 Bhanwar Lal lodged the F.I.R. of the said incident at police station Taranagar. The Police registered a case of offence u/s 302 Penal Code and proceeded with the investigation. After usual investigation police laid chargesheet against the appellant of offence u/s 302 IPC.

(3.) The appellant denied the charge of murder of Naouranglai levelled against him and claimed trial.