STATE OF RAJASTHAN Vs. NATHU

JUDGEMENT

(1.) THIS is a State's appeal against the judgment of the learned Sessions Judge, Partabgarh dated March 19, 1976, whereby the accused Nathu was acquitted of the offences under Section 302 and325 IPC. The State challenges the acquittal

(2.) BRIEFLY stated, the prosecution case is that PW 1 Gotu and the accused Nathu are the sons of PW Pyara while PW 5 Smt. Nanduri is his wife. Pyara had one more son Vaina. PW 4 Smt. Shawli is the widow of Vaina. Pyara effected partition among his three sons Vaina, Gotu and the accused Nathu nearly ten years before the incident. Gotu and Vaina were living in a separate Gawari while the accused was living in another Gawari Pyara and his wife lived in that Gawari in which the accused lived Pyara has a daughter Tulchha by name.

(3.) WE have heard the learned Public Prosecutor and the learned amicus curiae. We have also gone through the case file carefully.