NARESH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned Sessions Judge, Jhunjhunu dated 31.7.1993 whereby the learned Sessions Judge has held the accused/appellant Naresh Kumar guilty of the offence under Sec. 302 I.P.C. and has sentenced him to life imprisonment together with a fine of Rs. 200/- and in default of payment of fine, to further undergo rigorous imprisonment for one month.

(2.) The facts necessary to be noticed for the disposal of this appeal briefly stated are: that on 24. 10.1991, at about 7.00 p.m., Makhanlal went to the Dhani of accused Naresh Kumar for hiring labourers and at about 9 p.m., it is alleged that the younger brother of Naresh Kumar i.e. Rchitash came to the house of Makhanlal and informed P.W. 1 Maniram, his brother, P.W. 8 Mst. Gaura Devi, his mother and P.W. 7 Mst. Shanti, his wife that Naresh and Makhanlal fought with each other and in that process, Makhanlal has been injured and is lying in the Dhani of Naresh. On this, it is alleged that P.W. Maniram went to the Dhani of Naresh and found Makhanlal injured therein semi-conscious stage. He was lying facewards. He asked him as to who has beaten him, whereupon, it is alleged that Makhanlal told P.W. 1 Maniram that Naresh gave beating to him. Thereafter, Makhanlal became unconscious.

(3.) Thereafter, P.W. I Maniram brought Makhanlal immediately to his house and then shifted him to Government Hospital at Jhunjunu. He was admitted in the Hospital as an indoorpatient. The Police was informed about this incident. After arrival of the Police, his injuries were examined and his injury report has been marked as Ex.P.6. However, Makhanlal succumbed to the injuries received by him at about 1.30 a.m. on 25.10.1991 and, therefore, the case under Sec. 302 IPC was registered against the accused Naresh on the written report Ex.P.1 lodged by P.W. 1 Maniram.