PURAN NATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31st March, 1987 passed by the District and Sessions Judge, Bikaner in Sessions Case No. 64/86. By this impugned judgment, the learned Judge convicted the present appellant under Section 302 of the Indian Penal Code.

(2.) Briefly stated facts, giving rise to the present appeal are that on 14th May, 1986 at about 9.30 p.m., one Mangal Nath resident of Jogiya Basti in Loonkaranser village, District Bikaner lodged the complaint in Police Station, Loonkaranser that at about 9 p.m. when he got down from the train at Loonkaranser Station and was going home was required to pass through Kheta Ram Naee-Ka-Bara and unhabituated hamlet, he was accompanied by Balnath who is also resident of the same village.

(3.) When they reached the market lane, they saw the accused assaulting one Muninath with an axe (Gandasi). According to the report, the accused was giving severe axe-blows on the head of deceased. When the accused was accosted by the witness, he ran away. The witness then went near the body and saw that Muninath is dead and the brain matter had come out. He, therefore, lodged the first information report as aforesaid. After recording the first information report, the Station House In-charge accompanied the information to the scene of offence along with some constables, stayed the draw, posted constable to guilty dead body and went back to the Police Station. Investigations continued next morning on the information given the accused was arrested and on completion of the investigations, the present session trial was started.