BHATU ALIAS BHARAT KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE appeals have been filed against the judgment of the learned Sessions Judge, Banswara dated December 17, 1990 by which he has convicted the accused -appellant under Section 302, I.P.C. and sentenced him to undergo life - imprisonment and to pay fine of Rs. 100/ - and in default to further undergo rigorous imprisonment for two months. ,

(2.) THE prosecution case may be summarised thus. On March 14, 1987 at 4.15 P.M. Hari Ram Darjee P.W. -3 lodged F.I.R.Ex.P/3 in the Police Station Gharhi (Banswara) that at about 1 P.M. the same day he was working in his shop, he heard hue and cry coming from the side of his house, he proceeded towards it, there he saw Moti Singh [deceased) lying on the ground, the accused -appellant Bhatu @ Bharat Kumar had pressed his (Moti Singh's) neck, he was giving fist blows on his abdomen and telling him [Moti Singh) that he had falsely implicated his brother in a police case and he would kill him. After much efforts, he rescued Moti Singh from his [accused's) attack, Moti Singh died and the accused Bhatu ran away. By that time, Thakur Gulab Singh, his son Pratap Singh and several ladies came at the spot and witnessed the occurrence, the dead -body was lying there and at the instance of the widow of the deceased. Sajjan Kanwar P.W. -2 he has come to lodge the report. Thereon, a case under Section 302, I.P.C. was registered and investigation was commenced. After completing investigation, a challan was filed against the accused in the Court of Munsiff - cum -Judicial Magistrate, Banswara who committed him to the Court of the Sessions Judge, Banswara.

(3.) IT is well -proved from the evidence on record that in the noon of March 14, 1 987 Moti Singh died of shock due to internal haemorrhage of spleen as a result of its rupture. It is not the case of the either party that the death was suicidal or accidental.