GANESH GIRI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) ACCUSED Ganesh Giri was convicted under Section 302, IPC and sentenced to imprisonment for life with a fine of Rs. 500/ -, in default of the payment of fine to further undergo three months' rigorous imprisonment by the learned Additional Sessions Judge, Sirohi by his judgment dated June 30, 1981. The accused has come -up in appeal and challenges his conviction.

(2.) IN succinct, the prosecution case is that PW 9 Dariya Giri alias Inder Giri is the son -in -law of the deceased -victim Bheek Puri. Bheek Puri had no issues other than his daughter married to Dariya Giri. Dariya Giri was, therefore, living with Bheek Puri in his village Udwadiya as his resident son -in -law (GHAR JANWAl). Dariya Giri had a brother by name Shokh Giri. The accused is the son of Shokh Giri and, thus, the real nephew of Dariya Giri. When the accused was nearly of five years in age, his father Shokh Giri passed away and on his death, his mother contracted second marriage. There, thus, remained none to look -after and bring -up the accused. Dariya Giri took pity on him and with the permission of Bheek Puri, brought him in village Udawadiya, The accused started living in the family of the deceased Bheek Puri and was brought -up there. A day, before the incident (August 13, 1980), Bheek Puri reprimanded the accused and Dariya Giri for not bringing the carpenter. It is alleged that the accused could not swallow and digest the insult of bis being reprimanded by Bheek Puri.

(3.) WE have heard Mr. S.R. Singhi learned Counsel for the accused and Mr. LAS Udawat the learned Public Prosecutor. We have also gone through the case file carefully.