BHADAR ALIAS BAHADUR Vs. STATE

JUDGEMENT

(1.) APPELLANTS Mahendra and Bhadar @ Bahadur were tried for offence under Section 302 read with Section 34 I. P. C. by the learned Additional Sessions Judge, Khetri, district Jhunjhunu. The learned Additional Sessions Judge convicted and sentenced both the accused-appellants under Section 302 read with Section 34 I. P. C. to life imprisonment and a fine of Rs. 1000/-, in default thereof to further undergo rigorous imprisonment for 6 months. Against their conviction and sentence, they filed this appeal.

(2.) THE facts in brief giving rise to this Appeal are that PW1 Shri Mool Chand, brother of the deceased Shri Nathuram submitted a written report Ex. P. 1 at Police Station, Khetri at about 2. 30 p. m. on 27. 3. 1994 with the averments that at about 1. 30 p. m. the informant was going towards the houses of the persons of Kumhar caste. He heard hue and cry and then he saw that Mahendra s/o Balu Ram was inflicting knife blows to his brother Nathu Ram and Shri Bhadar was causing injuries with a broken glass bottle. On a call made by him, his cousin brother Shri Bhagirath also came there and when they came to intervene, both the accused ran away. THEreafter, they proceeded to Khetri Hospital by a Jeep. Shri Nathu Ram died near hospital.

(3.) IN his opinion the cause of death was haemorrhage and shock due to stab wounds on heart and lung. Dr. Dadarwal further opined that these injuries could be caused by knife or broken glass bottle and were sufficient to cause death in ordinary course of nature. IN cross-examination Dr. Dadarwal stated that these injuries were not possible due to fall on stone.