BHIKA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 21-1-1978 passed by the learned Addl. Sessions Judge, Sirohi, convicting the accused appellant for the offence under Section 302, IPC and sentenceing him to life imprisonment and a fine of Rs. two hundred in Sessions Case No. 6O/ 1976.

(2.) The appellant was tried for committing murder of his sister-in-law (Bhabhi) Mst. Nathu on 13-10-1976 in the village 'Jela'. The relations between the appellant and his real brother Poonma (husband of the deceased) were not happy. On the day of occurrence, deceased Nathu reprimanded the appellant for quarrelling with her children. It is alleged that the appellant felt aggrieved on such reprimand and, therefore, he picked up a lathi or 'danda' and dealt a blow on her. The blow fell on her head. She fell down injured and bleeded through mouth and nose. While she was being carried to the hospital she succumbed to her injuries. The cause of the death, according to the opinion of the doctor, was shock due to brain haemorrhage as a result of head injury. During trial, the prosecution examined ten witnesses. The appellant denied the guilt and stated that Mst. Nathu and others came to his house and dragged him to the house of the deceased and there, dealt blows on him. He tried to save himself with a lathi or 'danda' that he picked up and in the fight per chance, Mst. Nathu was injured. One witness has been examined in his defence.

(3.) After considering the evidence of both the sides and arguments advanced, the learned trial Court convicted and sentenced the appellant as above. Against the said conviction and sentence, this appeal has been preferred.