HURTA AND SURATSINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the Judgment dated 12.8.1991 passed by the learned Sessions Judge, Udaipur whereby the learned Sessions Judge has convicted the accused-appellant Hurta of the offence under section 302 Penal Code and sentenced him to rigorous imprisonment for life together with a fine of Rs. 500 /- and in default of payment of fine to further undergo simple imprisonment for three months.

(2.) The prosecution case lies in a very narrow compass. The deceased Bhagsingh was the brother of accused Hurta and Panna. There was a dispute between deceased Bhagsingh and his brothers Hurta and Panna in respect of an agricultural field Rat Talai.It is alleged that accused Panna went to the house of Bhagsingh in order to amicably settle the dispute. Respectable persons of the village viz., PW 3 Kanhaiyalal and PW 6 Bherusingh were also summoned at the house of Bhagsingh. During the course of negotiations, there was altercation between Bhagsingh and accused Panna and they grappled with each other and fell down. At that time, accused Hurta appeared there armed with a Kudali and inflicted many blows on the head and forehead of Bhagsingh. As a result of the above assault, Bhagsingh sustained fatal injuries on his head and died on the spot instantaneously.

(3.) PW 5 Manu Bai wife of Bhagsingh tried to intervene but Hurta dealt a Kudali blow on her right hand. PW 2 Tulsi was also present there. Seeing the above quarrel, PW 2 Tulsi went to Bhimsingh and informed him that there was a beating at the house of Bhagsingh. Bhimsingh immediately reached the house of Bhagsingh and saw that Bhagsingh was lying dead. There was profuse bleeding from his wounds. Manubai narrated the whole incident to him.