KISHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) RATAN, Prahlad and Shrawan, three villagers living in village Bhambhori, who used to do their live stock like goats and Sheep grazing work, on 28. 4. 99 were coming back to home in the evening. When Srikishan, who is also said to be accompanying them and who is their relative and unfortunately suffering from mental disease suddenly snatched a Kulhari from Shrawan and caused injuries to Shrawan and RATAN both without any provocation, and as a result of said injuries, his brother-in-law RATAN Succumbed to such injuries and died on 28. 4. 99, on his way to the hospital.

(2.) UPON a Parcha Bayan of Shrawan given to Police Station- Kalwad, Distt. Jaipur camp at Sawai Mansingh Hospital, Jaipur wherein said Shrawan was admitted for treatment of his injuries, reported that he lives in village Bhambhori where his father-in- law Nand Ram and co-brother Srikishan, the appellant before us, also live. On 28. 4. 99, when he (Shrawan), Prahlad, Ratan, Srikishan and one Anchi had gone taking their goats and sheep for grazing and when they were returning in the evening at about 6. 00 PM, he was going little bit ahead and in the back side were remaining 4 persons coming and Srikishan had one Kharwadia, a sort of sickle in his hands. He suddenly hit on the neck of Ratan S/o Nanda Ram on the back side. The said Ratan tried to run away, but he fell down after few steps. When Ratan fell down, the said appellant Srikishan also hit Shrawan on head and right hand with the same weapon. On hearing hue and cry, one person from nearby Dhani came and caught hold of Srikishan. Then they took a jeep for Ratan and his treatment for going to Jaipur, when on the way Ratan succumbed to his injury and died and Ratan was his brother- in-law and accused Srikishan was his co-brother (Sadu ). In the said Parcha Bayan, Shrawan also stated that for last 2-4 days, Srikishan suddenly lost his mental balance and he suddenly used to run away from home where they used to catch hold him and bring him back. When they all were coming in the said jeep for Jaipur, accused Srikishan was not there as he had run away.

(3.) PW-7 Sheo Ram, the other brother of Ratan and Anchi also supported the prosecution story and he said that he was informed about the said incident by Anchi. He also stated in his cross- examination that accused Kishan was sick for last six months to one year. However he had not seen accused Kishan running away from home or having fits.