BANWARI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 28-11-90 passed by the learned Additional Sessions Judge, Nohar in Sessions Case No. 50/89 whereby the accused-appellant has been convicted under Section 302, I.P.C. and sentenced to undergo life imprisonment besides a fine of Rs. 1000/- and, in default of payment, one month's R. I.

(2.) Briefly stated, the facts giving rise to the appeal are as follows : P.W. 8 Ramu Ram, lodged Ex. P. 27 oral report before P.W. 12 Raja Ram, A.S.I., Officer-in-charge, Police Station, Nohar on 20-9-90 at 5.30 A.M. to the effect that they are four brothers. The accused-appellant was eldest brother. Gopi Ram (deceased), who was younger than Banwari Lal and Bheem being the youngest brother. Their father is dead. Banwari Lal was residing in a separate house for the last 10 years. prior to the incident. They are residents of Village, Ratanpura. Gopi Ram (deceased), Ramu Ram and Bheem were residing with their widowed mother P.W. 10 Smt. Manohari in their parental house.

(3.) The incident took place around O hour to 0.30 hour in the night intervening 19th and 20th September, 1989, Ramu Ram (P.W. 8) and Smt. Manohari (P.W. 10) were sleeping in the inner court-yard (chook) of their house. Gopi Ram (deceased) was sleeping in the outer Court-yard on a cot which was placed near the outer gate opening towards eastern side. Banwari Lal is alleged to be drunkard. He came to the house of Ramu Ram etc. at about 4 to 4.30 P.M. on 19-9-89 and he started quarrelling to which Gopi Ram and Bheem objected. This enraged Banwari Lal. As a result he started quarrelling with Gopi Ram and consequently he grappled with him. Banwari Lal bit on the hand of Gopi Ram. Gopi Ram caused some scratches and bruises on the face of Banwari Lal. Ramu Ram separated them.