BABURAM ALIAS BABULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) According to the Old Testament, first son of Adam and Eve Cain killed his brother Abel in a jealous rage and thus the first murder was committed. Ever since then so many brothers have murdered real brothers. Here is yet another case of fratricide.

(2.) P.W. 13 Deepa Ram came to police station, Bayatu at 3-45 p.m. on 3-1-94 and submitted Ex. P/13 report. The report stated that at 11-00 a.m. Smt. Magni widow of deceased Magaram came to him and informed that at about 8 a.m. Magaram, her mother-in-law and husband's brother (accused-appellant) were present in the house. The accused-appellant and her husband had an altercation. Accused-appellant inflicted a kulhari blow on the head of her husband. Magaram started bleeding profusely and became unconscious. Deepa Ram immediately went to the place of occurrence and found that accused appellant was walking armed with a kulhari. Roop Singh and Bhura Ram also came there and found that Magaram was lying dead in the courtyard.

(3.) A case under S. 302, IPC was registered and investigation started. During Investigation site plan Ex. P/1, memo of dead body Ex. P/2 and panchnama Ex. P/3 were prepared. Post-mortem of dead body was conducted by PW-10 Dr. Chandra Prakash Makwana and report Ex. P/9 was prepared. Accused-appellant was arrested and Kulhari was recovered on the basis of his disclosure statement. After investigation was complete, accused-appellant was charge sheeted before the learned Munsif and Judicial Magistrate, Barmer who committed the case to the learned Additional Sessions Judge.