KISHORE & ANR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE accused appellant Kishore, Sampat the deceased, Laxman (P.W.1) and Surjamal (P.W.2) are four brothers. On 1.4.2007 at about 9:00/9:30 PM over the division of produce of wheat harvested from the common Samlati land, Kishore having lost the temper, committed the murder of his brother Sampat. Initially, as per FIR, Kishore caused injury to his brother Sampat leading to his death. Subsequently, during the course of investigation, Bablesh s/o Kishore, was also named as accused.

(2.) THE court of Additional Sessions Judge (Fast Track), Sawai Madhopur, tried both Kishore and his son Bablesh for causing murder of Sampat on 1.4.2007 at 9:00/9:30 PM in the revenue state of village Karel, Police Station Malarna Doongar, District Sawai Madhopur.

(3.) SAMPAT after receipt of injuries was taken to Jaipur for treatment and on the way, in the night at 1:00 AM he died. The trial Judge vide impugned judgment dated 1.12.2008, held both the appellants guilty of offence under Sections 302 IPC. The trial court vide a separate order of even date sentenced them to undergo life imprisonment and to pay a fine of Rs. 5,000/ - each, in default of payment of fine to further undergo six months R.I.