SOHANIA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS is an appeal by the accused appellants against the judgment of the learned Sessions Judge, Bikaner dated 14 -8 -1981 whereby he convicted the accused Sohania under Section 302 and accused Pappu under Section 302 read with Section 34, I.P.C. and sentenced them to life imprisonment.

(2.) THE facts giving rise to this case are that accused Sohania and Pappu are real brothers. They are residents of Rampura Basti, Bikaner. Deceased Ali Asgar owed Rs. 200/ - from the accused persons. On 5 -5 -1980 in the evening Ali Asgar met accused Pappu, who is a child of 14 -15 years of age. Ali Asgar demanded Rs. 200/ - from him. On that there was some discussion between them and Ali Asgar gave beating to accused Pappu. Thereafter, Ali Asgar went to the house of his friend Chain Singh, PW 1. He sat at his house for some time and thereafter, they started from the house of Chain Singh. Chain Singh also accompanied Ali Asgar to some short distance. When they reached near the shop of Bhinya Ram, Ali Asgar stayed for some time to purchase cigarette. At about 7.30 p.m. when Ali Asgar was going towards the shop, both the accused persons came running from the street Accused Sohania protested to Ali Asgar that he has beaten his brother so he would teach him a lesson. Thereupon, accused Pappu caught hold of both the hands of deceased Ali Asgar from behind and accused Sohania who was armed with Gupti (a sharp edged weapon) pierced that Gupti in the chest of the deceased Ali Asgar. Chain Singh immediately ran to the rescue of Ali Asgar. But meanwhile both the accused persons ran away back to the street, from where they came. Meanwhile Ratan Lal and Mohan Singh reached there. Chain Singh brought a Tonga and they immediately went to the hospital. On the way, they informed about the incident to Wali Mohammed father of deceased, Ali Asgar. He also accompanied the victim in the Tonga to the Hospital. On the way, Ali Asgar informed about the incident to his father. After one and half hour of their reaching to the hospital, Ali Asgar died.

(3.) THE prosecution examined as many as 9 witnesses and got a large number of documents exhibited.