BAGGA ALIAS KACHRU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Bhagga alias Kachru the sole appellant herein was tried for intentionally causing deaths of Daulat Ram and Heeralal. The trial resulted in an order of conviction and sentence dated 23-7-2001 recorded by learned Addl. Sessions Judge, Fast Track No. 2, Jhalawar.

(2.) Challenge in the present appeal is thus to the order dated 23-7-2001 vide which the appellant has been held guilty for offence under Section 302, IPC and sentenced to undergo rigorous imprisonment for life as also to pay a fine of Rs. 100/- and in default of payment of fine to further undergo 15 days simple imprisonment.

(3.) The occurrence leading to deaths of Daulat Ram and Heeralal, as per prosecution version, took place on 15-6-1992; at 10.00 p.m. The FIR with regard to the incident was lodged by Daulat Ram himself on 17-6-1992 at 7.50 a.m. It was stated by Daulat Ram in the FIR lodged by him that last night around 10.00 p.m., when he and his brother Heeralal were returning from the Bazaar, Bagga was abusing his brother Onkar Lal, near the lattcr's door, and when he told him not to abuse his brother, he retorted 'who are you to interfere between the brothers'. Having said so, he rushed after him with a knife. His brother Heeralal intervened to rescue him but Bagga struck him on the left underarm. The second injury he caused on the left side of his stomach by which his intestines came out. He gave third injury on his right wrist. Bagga left him and again struck his brother on his stomach, but the knife skidded. At that time, the women of their household were present. Because of the late night, they could not locate any means of transportation. In the morning, he was placed on a tractor land brought here.