OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated Oct. 5, 1972 by which the learned Sessions Judge, Jodhpur convicted the appellant Omprakash under section 302 Indian Penal Code and sentenced him to imprisonment for life.

(2.) On April 29, 1972 at about 2 p. m. a quarrel arose between Gyanchand on the one hand and Omprakash appellant and his brother Kishanlal, when they met in the street near their house. According to the prosecution case the quarrel started in connection with illicit intimacy Gyanchand had with the wife of Kishanlal. During the course of the quarrel Gyanchand became aggressive and started hitting Omprakash and Kishanlal with stones.

(3.) Omprakash and Kishanlal started throwing stones at Gyanchand. During the course of that quarrel Gyanchand said to Omprakash that he would put his wife upside down then and there and outrage her modesty. Thereupon, according to the prosecution case itself, Omprakash rushed into his house which was nearby, and brought 'a Rampi' which was used by him for preparing shoes and stabbed Gyanchand as a result of which he sustained an injury and died shortly thereafter.