NENNATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present appeal under Sec. 374(2) Cr.P.C. has been preferred by the accused-appellants against the judgment dtd. 22/04/2013, passed by learned Sessions Judge, Jalore in Sessions Case No. 31/2011, whereby they have been convicted and sentenced as under:-

(2.) The prosecution story as disclosed in the written report (Ex. P.1) lodged by Shokinnath (PW. 1) at Police Station, Jalore on 03/04/2010 shows that on 02/04/2010 at around 9 p.m., his father Juhaarnath @ Jawaharnath (hereinafter referred to as 'Jawaharnath') and mother Sua were sleeping in the courtyard (Gawadi) of their residence. He and his wife Kamla were sleeping in the courtyard (Chowk) of their house. His uncle's son Jeetnath was sleeping in the Gawadi of their house. His sister Rekha and brother-in-law Modnath were sleeping on the first floor. On 03/04/2010 at around 3 a.m., he heard some noise from the Gawadi of their house. All the inhabitants of the house woke up. He and his wife Kamla saw Joshnath, Nennath, Bheemnath sons of Ramnath having axes (kulharis) in their hands assaulting his mother and father. Joshnath inflicted an axe blow on the head of his father just above the left ear. Nennath inflicted an axe blow on the right hand of his father. Bheemnath inflicted injury by axe on the left jaw region of his mother. When the complainant saw them, they ran away from the house. He tried to catch the accused but could not succeed. His father died at the spot. He called 108 ambulance and took his mother to the Government Hospital at Jalore. All the occupants of the house identified the three assailants. On the evening of 02/03/2010, Joshnath telephoned him and enquired for the whereabouts of his mother and father and asked as to why the money due to him was not being repaid. He replied that his mother and father are at home and immediately thereafter the phone was disconnected. About three months prior to the date of incident, Joshnath had misbehaved with his wife Kamla at his house whereupon, he had beaten up Joshnath. Because of this grudge, Joshnath, Nennath and Bheemnath assaulted his mother and father by axes (kulharis) with the intention to kill them. Ramnath, father of the assailants is the brother of his father.

(3.) On the aforesaid report, a formal FIR No. 98/2010 was registered against the accused for the offences under Ss. 458, 302, 307, 323/34 IPC at the Police Station Jalore, District Jalore.