RAM NARAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In the instant case, Ramnarain, present appellant is uncle of deceased Mohanlal. Injured -witness, Sumer Singh (PW -22) and deceased Mohanlal are co -brothers (sadu), being married to two sisters. Sumer Singh (PW -22) is a resident of Village Ismile -khaini, Police Station Kamalapura. He visited Mohanlal, his co -brother at Village Mawasa. Present appellant, being uncle of Mohanlal invited his nephew - Mohanlal and his co -brother - Sumer Singh (PW -22) for the drinks and dinner.

(2.) As per initial version given in the impugned First Information Report (Exhibit -P/11), all these three persons, namely Ramnarain, present appellant, Mohanlal, deceased and Sumer Singh (PW -22), injured -witness were consuming alcohol in the house of appellant - Ramnarain. Sumer Singh (PW -22) told present appellant - Ramnarain that he will take away his wife - Santosh (DW -2) and to the annoyance of the appellant started whispering in the ears of Santosh (DW -2), wife of the present appellant. The appellant took up a sword and caused injury on the neck of Sumer Singh (PW -22) and when Mohanlal intervened, one sword blow was also caused at his neck, which resulted into death of Mohanlal.

(3.) In nut -shell, above being case was set up by the prosecution in the written -report (Exhibit -P/1) presented by Mukesh (PW -17) brother of deceased - Mohanlal before Station House Officer, Police Station, Kawai, District Baran leading to registration of First Information Report (Exhibit -P/11) bearing No. 43/2007, at Police Sation, Kawai, District Baran.