NENA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been preferred by the accused appellant against the judgment and order dated 15. 7. 87 passed by learned Additional Sessions Judge, Rajsamand in Session Case No. 39/86 whereby the learned Additional Sessions Judge convicted the accused appellant for offence under Sec. 307 I. P. C. and has sentenced him as under:- Offence Sentence awarded U/sec. 307 I. P. C. 7 years' R. I. and a fine of Rs. 1000/- in default to further undergo 3 months' R. I.

(2.) THIS appeal arises in the following circumstances: (i) On 23. 5. 86 at about 12. 45 a. m. P. W. 4 Prithvi Singh lodged an oral report with the Police Station Devgarh, Udaipur before P. W. 12 Ram Singh stating that P. W. 7 Bhan Singh (injured) and the accused appellant were his relative and the accused appellant used to do the job of labour in Ahmedabad and his wife Jamni used to live in village Chatarpura with his mother-in-law and the accused appellant used to visit that village after 3 to 4 months. P. W. 7 Bhan Singh had a camel and used to bring woods on it and for that he used to charge Rs. 20/- per fera. Before 2 months back, Jamni wife of the accused appellant asked P. W. 7 Bhan Singh to bring woods and he brought the woods for that he demanded Rs. 40/-, but jamni did not pay him and upon this some altercation took place between wife of the accused appellant and P. W. 7 Bhan Singh and further more between wife of accused appellant and wife of injured Bhan Singh i. e. Tulsi P. W. 6 over this matter and when before 10 to 12 days back, when the accused appellant came from Ahmedabad, his wife Jamni reported this matter, upon this he became angry and on the relevant day ie. on 22. 5. 86 he stabbed a knife on the back of PW. 7 Bhan Singh and further he wanted to give another blow which was stopped by P. W. 7 Bhan Singh on his hand. At that time, P. W. 8 Gaji Singh, P. W. 5 Kanna Singh P. W. 9 Mool Singh, P. W. 2 Panna & P. W. 1 Prem Singh were also there.

(3.) THAT on 12. 1. 87, the learned Additional Sessions Judge framed charge for offence under Sec. 307 I. P. C. against the accused appellant who pleaded not guilty and claimed trial.