NAWAL SINGH @ NOL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal has been preferred by accused appellant Nawal Singh @ Nol Singh S/o Prem Singh against the judgment of conviction and order of sentence dated 19.02.2004 passed by the Additional Sessions Judge, Fast Track No. 1, Pali, Camp Jaitaran.

(2.) The brief facts of the case as unfolded by the prosecution are that the complainant Koop Singh S/o Prem Singh, by caste Rawat Rajput, resident of Kanuja, Kumtiya Beed presented a written report Ex.P.3 at the Police Station Raipur, that on 12.01.2003 between 12.00 noon and 1.00 p.m. he was grazing goats near his house and his grandmother Suji Devi was looking after his daughter at his house. At that time his elder brother Nawal Singh S/o Prem Singh came there with an axe in his hand, snatched Koop Singh's daughter from his grandmother and ran away. His grandmother made a huge cry and he immediately rushed to the spot and he alongwith his grandmother followed Nawal Singh. When a short distance was left, Nawal Singh caused injury on the head of his daughter, deceased Mamta and ran away towards Khangarkhet Dhani. The injury was caused on the middle of the head of deceased Mamta and blood started oozing. Nawal Singh caused death of Mamta on account of land dispute.

(3.) On the basis of Ex.P.3 written report, a criminal case under Section 302 and 448 Indian Penal Code (for short, 'IPC') was registered at the Police Station Raipur and investigation was commenced.