NATHU Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) Nathu alias Ogharnath has filed this appeal from Jail to challenge his conviction under section 302 I.P.C. for committing the murder of one Hanuman.

(2.) The prosecution case is that Hanuman was a devotee to the saintly people and therefore, the accused frequently used to go to Hanuman's place. On the day of the occurrence i.e., on Oct. 9, 1971, at about 10 a.m., the accused demanded Hanuman to present his mare to him. This proposal somehow did not find favour with Hanuman and refused to do so. This refusal by, the devotee appears to have furiated the accused. Soon after this incident, Hanuman went to the Jungle and left his mare there, and when he returned, he made enquiries from accused Nathu as to whether he had taken his meals or not. Nathu, out of his anger, did not give any reply. Thereafter the deceased made enquiries from his wife P.W.9 Mst. Lichman whether food was served to Nathu or not. When he found that Nathu had taken his meals, he also took his meals and both Nathu and Hanuman went to sleep, in Tibari. P.W. 12 Bishamber also came to meet these two persons and he also, on a nearby lying cot, went to sleep. When Hanuman was sleeping. Nathu took an opportunity and lifted a Gandasl and gave a Gandasi blow to Hanuman. Mst. Licbman, who was working inside the house heard the sound and when she diverted her attention towards her husband, she saw Nathu giving second Gandasi blow on the head of Hanuman. She raised a cry and hearing the cry, P.W. 12 Bishamber also got up. P.W. 6 Mool Chand, who was a neighbour, also, after bearing theories of Mst. Lichman, came out of his house and saw Nathu running away with the Gandasi in his hand, Nathu left the Gandasi in the nearby field of Hanuman, which was got recovered soon after the incident. Both P.W. 6 Mool Chand and P.W. 12 Bishamber ran after Nathu and apprehended him. Hanuman was shifted to hospital, but despite treatment, he succumbed to his injury at about 3.50 p.m.

(3.) A report of the incident was lodged against Nathu, The Gandasi was sent to the Chemical Examiner and also to the Serologist and it was found positive for human blood.