RAMESHWAR Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated July 31, 1976 of the learned Additional Sessions Judge, Sikais whereby he convicted the accused-appellant under Sec. 304 Part II I.P.C. and sentenced him to five years' rigorous imprisonment. However, the other accused Mst. Tijudi tried along with the accused-appellant was acquitted of all the charges framed against her.

(2.) The prosecution story as disclosed at the trial is that accused-appellant Rameshwar and the deceased Khema were real brothers. They were both living together with their mother PW 3 Mst. Roopa. After the death of their father some dispute arose between them regarding the partition of the ancestral land and on the date of the occurrence i.e. on Oct. 22, 1975 a verbal altercation took place between them regarding distribution of the crop. The accused got infuriated. He drew out a bamboo stick from the roof of the house and inflicted blows on the person of Khema (since deceased). As a result of the head injury Khema fell down. In the mean time accused Rameshwar threw PW 2 Mst. Patasi on the ground. It has further been alleged that thereafter accused inflicted some injuries on the person of others. On the same day Khema (since deceased ) went to the Sarpanch and narrated him the entire story. After coming from the house of the sarpanch he assumed his usual work and took his buffalo for making them to drink water. Thereafter he came to his house, fell down on a cot and ultimately succumbed to his injuries. A first information report of this occurrence was lodged at the Police Station, Losal on Oct. 23, 1975. The police after usual investigation submitted a challan against the two accused in the Court of Chief Judicial Magistrate, Sikar and the accused were ultimately tried by the learned Additional Sessions Judge, Sikar. Out of the two accused tried by the learned Additional Sessions Judge, the accused-appellant was found guilty of the offence punishable under Sec. 304 part II I.P.C. and he was sentenced as mentioned above.

(3.) The convicted accused has come up in appeal to this Court.