NARAYAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal under Sec. 374(2) Cr.P.C., 1973 has been preferred by the appellant Narayan Lal against the judgment dtd. 25/02/2013, passed by learned Additional Sessions Judge, Salumber, District Udaipur in Sessions Case No.09/2012, whereby the accused-appellant has been convicted and sentenced as under:

(2.) The prosecution case emanates from the complaint filed by Babulal (PW.1) alleging inter alia that on 29/05/2010 at around 7 a.m. morning, he brought water from the Well and was standing in the courtyard of his house when his brother, accused Narayan Lal assaulted him from behind by inflicting an axe blow on his head due to which he fell on the floor and his father Lalu Ramji tried to hold him and made him to sit on the cot. The accused Narayan Lal inflicted a fatal blow on the head of complainant's father also. In the meantime, Jija (wife of his brother Dinesh) and others also came on the spot and Narayan Lal accused fled from the spot. His relationship with his brother was strained because of some money transaction and for this reason, the accused assaulted him as well as his father.

(3.) On the aforesaid complaint, a formal FIR No.259/2010 was registered at the Police Station Rishabhdeo, District Udaipur against the accused for the offences under Sec. 447 and 323 IPC.