SUGAN CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment, dated, Nov. 7, 1981, by the Sessions Judge, Alwar, convicting the appellant under section 304 Part II I.P.C, and sentencing him to rigorous imprisonment for four years and a fine of Rs. 1000.00, or in default, simple imprisonment for four months.

(2.) The case of the prosecution which resulted in the conviction and sentence of the appellant as aforementioned may be shortly stated here. Sukhram deceased, one of the relatives of complainant Nanagram (P.W. 1), had worked for sometime as an employee of Nanag Ram's father at the latters lime-kiln about a year before his death. During the period of his employment and residence at Nanag Ram's father's house, there was a quarrel between Sukhram deceased and Suganchand accused over drawing water from a common tap. It is alleged that the accused had at the time, threatened the deceased that he would settle score with him in due course. The threat compelled Sukhram deceased to quit his job and leave the complainant's village.

(3.) The prosecution story farther goes that Sukhram deceased returned to the complainants fathers house on June 22, 1981, and was staying there as a guest for the night. Another guest, Chand Khan, was also present there, Babulal, an employee of the complainants father also happened to be present in the house. It is alleged that the complainant, the deceased. Chand Khan. Chimanlal (father of the complainant) and Babulal were all sleeping in the complainants house that night. They woke up on hearing Sukhrams cries at about 1.30 A.M. Sukhram was shouting for help saying that he was being attacked by Shugan Chand. It is further alleged that they saw Shugan Chand carrying a phantiya in his hands and chasing Sukh Ram and hitting him on the head with that crude but deadly weapon. Sukh Ram died on the spot. The accused ran away after striking the fatal blow.