LANKER NATH AND ANOTHER Vs. STATE OF RAJ.

JUDGEMENT

(1.) This appeal is directed against the judgement dated 10.9.1993 passed b|( the learned Additional Sessions Judge, Bhilwara Camp Shahpura whereby th4( accused-appellants Shankernath and Kailashnath were convicted of the offence under s. 302/34 Indian Penal Code and were sentenced to imprisonment for life together with a fine of Rs. 50.00 each.

(2.) The prosecution case lies in a very narrow compass. It is alleged that on 17.1.1992 at about 6.15AM, RW. 1 Khana Daroga lodged an FIR at police station, Jahajpur alleging therein that on 16.1.1992 at about 5.00 PM he was at the Well of deceased Balbirsingh. He and deceased Balbirsingh came to village Khoharakalan and met Pratap Meena and Laduram Meena. Balbirsingh instructed them to arrange for Charkhi and watering the field. Thereafter, they came to Bus Stand at about 8.00 PM. At the Bus Stand there was a Hotel of accused Shankernath which was attached with his house. When they reached there, the dog of Shankernath started barking. Balbirsingh asked Shankernath to keep his dog in control but Shankernath retorted that the dog will continue to bark. This led to some altercations between Shankernath and Balbirsingh. PW. 1 Khana sat on a Chabutari near by. Balbirsingh and Shankernath continued to abuse each other for a long time. Thereafter Shankernath called his brother Kailashnath who came there armed with a lathi. As soon as Kailashnath came there he asked Balbirsingh not to abuse, Balbirsingh pushed him aside and Kailashnath and Shankernath got angry and started assaulting Balbirsingh with lathi. Both the accused dealt with one lathi blow each on the head of Balbirsingh as a result of which he fell down. On account of receiving these injuries blood was coming out of his ear. Both the accused then dragged Balbirsingh and put him in the hut.

(3.) Khana then went to village Biletha and informed PW. 11 Achalsingh about this incident. Achalsingh and Khana then returned to the Hotel of Shankernath and saw Balbirsingh lying in injured condition in the hut. He was unconscious and he did not respond to their call. They then brought Balbirsingh to Government Hospital Jahajpur on a tractor.