PAPIYA @ GURMAIL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - This Jail Appeal is directed against the judgment of learned Addl. Sessions Judge Sangaria dated 27th March, 2003 whereby he convicted accused appellant Papia alias Gurmail Singh under Sec. 302 Penal Code and sentenced him to imprisonment for life alongwith fine of Rs.1,000 and in default to further undergo six months' rigorous imprisonment.

(2.) Facts leading to the appeal are that on 23.06.2002, Bhola Singh (PW5), brother of deceased Sukhdev Singh alias Sugra and the accused, made an oral report before Ramdev Singh PW6 SHO PS Sangaria that they all three brothers are living in the same house in different rooms, his elder brother deceased Sukhdev Singh was living with his mother but was addicted of taking poppy husk. On the day of incident, in the morning at 6 O' Clock, wife of his younger brother Papiya came to take tea leaves from his mother and on denial, his brother Sukhdev Singh deceased told accused Papiya that why he used to take liquor for whole of the day and why not bringing household articles. Upon this, they both started fighting and came out on the street. Accused appellant caught hold the neck of Sukhdev Singh and gave blows to deceased on account of which Sukhdev Singh fell down and died. At that time, complainant was taking tea. His mother, wife and children were at home at that time and the neighbours also assembled there. On this report, police registered a case under Sec. 302 Penal Code and commenced investigation.

(3.) After investigation, accused appellant Papiya was chargesheeted under Sec.302 Penal Code in the Court of Magistrate, who committed the case to the Court of Sessions. Learned Sessions Judge framed charge under Sec. 302 Penal Code against the accused appellant, who pleaded not guilty.