BALU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - This appeal has been filed through jail by accused appellant Balu against the judgment dated 22-8-1997 passed by Sessions Judge, Pratapgarh in Sessions Case No. 186/95 by which he has been convicted under Section 302, IPC and sentenced to life imprisonment with a fine of Rs. 250/- and in default to further undergo one months Simple Imprisonment.

(2.) The relevant facts are that on 11-10-1995 at 8.00 P.M. in village Lalakheri in front of the residential house of accused appellant Balu his step brother Shambhura received a sharp and grievous injury on his head. Another step brother PW-10 Naku saw the occurrence from the house of Gopal about 300 feet away and called PW-6 Rangji and one Gopal and thereafter went to report the matter to Sarpanch Fakru PW2 as also Karu PW -7 and Deva PW -5. Naku told all of them that he saw the occurrence from 300 feet away in which accused Balu gave an axe blow to Shambhura. Injured and unconscious Shambhura was taken to the house of Naku and died there in the morning.

(3.) Thereafter the matter was reported to Station House Officer PW-14 Ratan Singh who instead of registering the offence came on the spot and Ex. P /18 First Information Report was orally registered by Naku at 1.00 P.M. Autopsy was conducted on the dead body by PW 15 Dr. Om Prakash. Accused appellant was arrested at 8.00 A.M. through memo Ex. P126. He gave a voluntary disclosure statement Ex. P /27 under Section 27 of the Evidence Act at 10.15P.M.on 13-10-1995 and in pursuance thereof got an axe recovered from his residential house at 11.30 A.M. through Ex: P/6 which was sealed then and there. After necessary investigation accused was challaned and charged under Section 302, IPC.