SHIVNATH SINGH Vs. STATE

JUDGEMENT

(1.) THIS is an appeal by Shivnath Singh against his conviction under sec. 302 I. P. C. by the Sessions Judge of Balotra.

(2.) THE case relates to an incident which took place on the 1st of April, 1952, at about 1 P. M. in village Malgarh. THE prosecution story is that the accused Shivnath Singh used to visit the house of Kana Purohit in Malgarh Kana Purohit was not living in the village those days, but his, wife was. Mohabbat deceased is said to have remonstrated with the accused for these visits in the absence of Kana, and this is said to have led to enmity between the two. THE prosecution story further is that on the 1st of April, 1952, Mohabbat had come to village Malgarh, and was standing in the rasta under a neem tree. THE accused passed that way, and though there is no direct evidence on the point, the prosecution suggests that immediately on seeing the deceased, the accused shot at him with the gun which he was carrying because of Mohabbat's remonstrances in connection with Kana's wife. THEreafter, the accused ran away with the gun and remained absconding for about four months when he was arrested somewhere in the jungle. THE gun was also recovered from his possession.