LEHRU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been filed by the accused appellant against the judgment and order dated 14. 5. 99 passed by the learned Additional Sessions Judge No. 2, Bhilwara, in Sessions Case No. 38/97 (208/97) by which the learned Judge convicted the accused appellant for offence under Section 304 (I) I. P. C. and sentenced to 7 years' R. I. and a fine of Rs. 1000/-, in default to further undergo 6 months' S. I.

(2.) IT arises in the following circumstances: On 7. 2. 97, at about 2. 30 p. m. P. W. 4 Mohan lodged a written report Ex. P/5 in the Police Station Raipur, Dist. Pali, before P. W. 9 Jai Singh, SHO of the police station, alleging that at about 12 noon, when he was in his house his nephew P. W. 5 Prema came and told him that Girdhari Kaka (hereinafter referred to as the Deceased) had been killed by the accused appellant in the well of P. W. 2 Hajari and he was going towards the field. He has further stated in the report Ex. P/5 that P. W. 5 Prema was informed about that incident by P. W. 2 Hajari and Jassa. When he was going towards the field, they further told him that he should inform the members of his family. Thereafter P. W. 4 Mohan reached the well where he found that the dead body of the deceased (deceased is brother of P. W. 4 Mohan) was lying near the well and blood was coming from back side of his head. He also found P. W. 8 Nanu Ram sitting there and P. W. 8 Nanu Ram also told him that the accused appellant after killing the deceased had run away and he has further stated that P. W. 2 Hajari, and Jeta asked him to sit there. P. W. 4 Mohan further had suspicion that mother of the accused appellant might be partly responsible in killing his brother.

(3.) ON 5. 11. 97 the learned Additional Sessions Judge framed charges for offence under Section 302 I. P. C. against the accused appellant who pleaded not guilty and claimed trial.