MADHO @ MAHADEV Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellant was convicted for the offence under Sec. 302 Penal Code by the Additional Sessions Judge No. 2 Ajmer and sentenced to imprisonment for life and a fine of Rs. 1,000.00 and in default of payment of fine, he has been sentenced to simple imprisonment for six months. Against this conviction and sentence he has preferred this appeal.

(2.) The facts leading to the case are that on 14.4.1986 at about 10.30 p.m. the accused appellant Madho @ Mahadev and co-accused Ramchandra, who has been acquitted by the Additional Sessions .fudge, were having liquor together with deceased Manu at Ravan Ki Baghichi. The report in the case was lodged by Asandas, who is the father of the deceased Manu @ Manohar. Asandas reported that he was informed by his brother-in-law, Kishan Chand, at his house that somebody had attacked his son Manu @ Manohar and upon this he went to the taal of Gagandas and saw that his son Manu was lying in the lap of Ramchandra and was bleeding profusely. Ramchandra's brother Nathu was also there and they called for an auto and took him to the Hospital. At that time his son Manu told him that Ramchandra caught hold of him and Mahadev had given knife blows on him. Manu had also said that the other two had some how managed to make him drink excess wine and then beaten him and he could not say for what enmity they had taken this revenge. In the hospital Manu was attended by the doctors and after sometime he was declared dead. Asandas also reported that Manu had Rs. 700.00 with him but after his death when the compounder asked him to check the articles there were only Rs. 27 and one watch with him.

(3.) Upon this report a case was registered and on the morning of 15.4.1986 accused appellant was arrested. He gave information and on the basis of the same a knife was recovered from a dry naali in the corner of Ravan Ki Baghichi.