RAM KARAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant stands convicted under Section 302 I.P.C. to life imprisonment with fine of Rs. 100/-, in the event of failure to pay which he was required to undergo one month's further simple imprisonment as ordered on 28.1.1988 by the Addl. District and Sessions Judge No. 1 Hanumangarh (Camp Sangeria) in Sessions Trial No. 21/1984.

(2.) The deceased Balhar Singh was the brother of PW-6 Darshan Singh. Having finished attending to their fields by the end of the day on 13.2.1984, they are stated to have gone to the adjacent fields of the Appellant who also ran a hooch stall. While they were consuming alcohol an altercation ensued when the appellant is alleged to have pressed the neck of the deceased with the lathi causing death by asphyxia.

(3.) F.I.R. Exhibit P-4 was lodged on 14.2.1984 by PW-6 Darshan Singh. The post mortem of the deceased Exhibit P-3 was done by PW-5 Dr. Shrinath and PW-8 Mr. K.L. Batia. The viscera Exhibit P-19 confirmed the presence of alcohol. The appellant was arrested on 24.2.1984.