INDRA CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 25 -9 -1985 passed by the learned Sessions Judge, Nonar, by which appellant Indra Cband was convicted Under Section 302, IPC and sentenced to imprisonment for life and a fine of Rs. 500/ -, in default of pay -meat to rigorous imprisonment of six months.

(2.) BRIEFLY stated, the prosecution case is that on 11 -9 -1982 at 12.30 a.m. appellant Indra Cband made a report at Police Station, Rawatsar to the effect that his father Phoosa Ram has one brother Bansbidhar who had two sons viz Ratan aged 22 years and Jagdish aged 18 years. The houses, agricultural land and shop of Phoosaram and Banshidhar were joint. Bansbidhar mostly remained ill and his wife was blind. Jagdish and Ratan were for the last few months insisting upon partition and as such it occurred to him (the appellant) that if Jagdish and Ratan were done away with, the whole property would remain with his family. That, in the main market of Rawatsar, there was a hotel run by these persons. Ratan and Jagdish used to sleep some times at their house and some times at the hotel. In that night both of then, Jagdish and Ratan had slept on the root of the hotel. About quarter to 12 in. the night, the appellant caused the murder of Jagdish and Ratan with axe and then came down and confessed the guilt to Ramesh Photographer where Madan Hotelwala was also present and then went to lodge the report to the Police Station.

(3.) THE doctor noted following injuries on the dead body of Ratan: