NATHU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred by appellant Nathu through the jail authorities against his conviction u/s. 302, IPC.

(2.) The learned Sessions Judge vide his judgment dated 30th Sept. 1982, found the appellant guilty of the offence u/s. 302, IPC, and sentenced him to imprisonment for life and a fine of Rs. 1,000/-, and in default of payment of fine, to further undergo 7 months' R.I. It was also directed that from the amount of fine realised from the accused, a sum of Rs. 800/- be given to Mst. Dali.

(3.) The incident took place on 4th July, 1982, but the report Ex. P1 in this connection was lodged on 5th July, 1982, by one Prabhat at Police Outpost - Newai, where it was alleged that on 4th July, 1982, at about 8.30 p.m., he came to his house from his shop. He found that on the Chabutra in front of his house, Kishore was lying injured, and a large number of persons had collected there. There were injuries on the left side of the stomach of Kishore and blood was coming out. Kishore was telling that his brother Nathu had inflicted knife-blows to him. Prabhat also inquired from Kishore, who told him that he was inflicted knife-blows. Kishore then was taken to hospital, Newai, where he was treated by the doctor. On 5th July, 1982, at about 3 P.M., he died in the hospital on account of the injuries. After his death he (Prabhat) came to police station and submitted this report. On this report, a case u/s. 302, IPC, was registered and investigation started. After completing the investigation, the police submitted a challan against Nathu accused in the Court of CJM, Tonk; and then the accused was committed to the Court of Sessions Judge for trial. The learned Sessions Judge, Tonk, framed charge u/s. 302, IPC, against Nathu appellant, who pleaded not guilty and claimed trial. The prosecution in support of its case, examined 6 witnesses in all. The case of Nathu accused was that he and Kishore were real brothers and Kishore was younger to him. He was supporting him since his childhood. He further contended that on account of enmity, he has been entangled in this case by one Chhotiya who used to come to his house.