MOHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS jail appeal is directed against the judgment of the learned Sessions Judge, Bhilwara dated 30. 11. 1988, whereby the appellant has been convicted and sentenced for the offences under Sec. 302 and 450 IPC.

(2.) THE. necessary facts to be noticed in short are that one Chhatarsingh (PW1) submitted a written report at the police station, Kareda to the effect that on the day before yesterday night, at about 4 A. M. , while Pannasingh (deceased) was sleeping in his house and the informant Chhatarsingh was sleeping in the Chhatri, at that time the accused Mohan Singh came armed with Kulhari (axe) and gave Kulhari blow on the head of Pannasingh with intention to kill him. It is also alleged that sister of Pannasingh was sleeping beside him. She raised cry 'mare re mare. ' His sister's son Tarasingh was also sleeping nearby the deceased. Accused Mohansingh gave a kulhari blow on the parietal region of Pannasingh. PW 8 Tarasingh (nephew of the deceased) has also seen the accused Mohansingh at that time. THE injured Pannasingh was, therefore, taken to Bhim Hospital, in a bullock cart. At Bheem Hospital, the Doctor refused to treat him as he was serious. THE injured was then taken to Beawar hospital. On this complaint a case was registered under Sec. 307 and 452, IPC.

(3.) HEARD Mr. A. K. Singh, learned counsel for the appellant and Mr. S. K. Vyas, learned Public. Prosecutor.