SHAMJI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant was charged for the murder of his brother Bhanji. The learned Additional Sessions Judge, Bhanswara by judgment dated 27.9.1995. has convicted him for offence under section 302 I.P.C.and sentenced to undergo imprisonment for life and to pay a fine of Rs. 200.00; in default of payment to further undergo two months simple imprisonment.

(2.) Briefly stated the prosecution case is that on 20.12.1993 PW-3 Mst. Thavri, widow of deceased Bhanji lodged on oral first Information Report at Police Station Anandpuri stating inter alia that her husband Bhanji had taken a loan of Rs. 250.00 from her younger brother in law,appellant Shamji. On the fateful day at about 4:00 PM, the appellant arrived with an iron rod and asked her husband to repay the loan. He also threatened to kill him in case of non-payment her deceased husband asked him to pay the amount on next day. On this appellant gave a blow on the head of Bhanji by iron rod, on account of which he fell down. Hearing her out cry, PW-1 Smt. Karma arrived. It is further stated that the appellant gave a second blow on the head of Bhanji. She went to her uncle in law PW-2 Pratap and narrated the incident. Both of them returned to the spot and found that deceased Bhanji was beaten to death. On this information, police registered a case for offence under section 302 I.P.C. and proceeded with investigation. Police prepared the inquest report and arranged for autopsy of the dead body of deceased Bhanji. After usual investigation police laid charge sheet against the appellant for offence under Sec. 302 I.P.C.

(3.) The appellant pleaded not guilty to the charge levelled against him and claimed trial. The prosecution in support of the case examined 8 witnesses. The appellant in his statement under Sec. 313 Cr. PC. denied the correctness of the prosecution evidence appearing against him. Analysing the evidence, the trial court recorded the finding of conviction against the appellant for offence under section 302 I.P.C.and sentenced him in the manner noticed above.