NANU AND MST, SHANTI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants Nanu and Mst. Shanii were tried for an offence under section 302 Indian Penal Code in the Court of the learned Sessions Judge, Sri Ganganagar. They were acquitted of the same but instead, Nanu was convicted under section 304 part I (I.P.C.) and sentenced to rigorous imprisonment for 10 years, while appellant Shanti was convicted for an offence under section 324 I.P.C, and sentenced to rigorous imprisonment for six months. The judgment of the learned Sessions Judge, against which this appeal has been preferred is dated Dec. 16, 1971.

(2.) 1 have heard the arguments of the parties and perused the record,

(3.) The Prosecution case is that Surja Jat resident of 22 PTD police station Raisingnagar, was residing in a ''dhani" in Killa No. 25 square No. 91. Adjacent to his "dhani" there lived Jat-Sikh Teja Singh. The complainant Surjaram and his wife Mst Kununa had no issue, and, therefore, kept his brother Nanu and his wife Mst. Shanti to live with him with their children. Two days before the occurrence, Mst. Kunana however, quarrelled with Nanu and asked Surja Ram to turn him out as he was dealing in illicit liquor. Instead, he brought a tent from some Sunder Singh and asked Nanu and his wife to live in the tent outside his house. Both Nanu and his wife began to live in the tent. On 27th Feb., 1971, when complainant Surjaram had gone to Raisingnagar with Teja Singh, Nanu quarrelled with Mst. Kunana and beat her in the presence of Gajansingh who was living next to Tejasirigh, Gajan Singh went and informed them at 23 PAS that Mst. Kunana died on account of the "gadansi" and axe blows, inflicted by the accused persons. The medical evidence in this case was that Mst. Kunana had received the following injuries :