BADAN NATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present Jail Appeal has been preferred by accused-appellant Badan Nath through Superintendent, Central Jail, Jodhpur against the judgment impugned dated 9-7-96 passed by learned Sessions Judge, Raj Samand whereby he convicted accused appellant for the offence under Section 302, IPC and sentenced him to undergo rigorous imprisonment for life and Rs. 2,000/- as fine and in default of payment of fine to further undergo one year's rigorous imprisonment.

(2.) The prosecution case as disclosed in Ex. 5 registered at Police Station Nathdwara District Raj Samand is that the accused himself lodged a written report Ex. P 13 at Police Station Nathdwara to the effect that during the night of 29/30th May 1994, in between 11-12 O' clock his nephew Arjun Singh entered into his house by jumping his boundary wall embedded with glasses and came into his Courtyard where he was sleeping. Hearing some noise he awakened and put on the light. In the light he saw deceased Arjun Singh, in state of morbidly trembling. On questioning as to what happened with him, deceased Arjun Singh informed him that while he was entering into his house by jumping his boundary wall embedded with glasses, glasses embedded on boundary wall pierced and so the blood was oozing out from his chest. Deceased Arjun Singh thereafter made a request to accused appellant to take him to Nathdwara hospital for treatment. On his request the accused appellant tried to arrange a vehicle but he couldn't be able to arrange any vehicle. The accused appellant shouted for help and on hearing shouts, Madan Nath son of Daulatnath and Madan Nath son of Kishore Nath came at the scene of occurrence and saw deceased Arjun Singh was lying on the ground and blood was oozing out from his chest. The deceased expired at 1.00 AM on 30-4-1996. On the aforesaid written report police rushed up on the spot and found that due to enmity it was accused appellant Badan Nath who had committed murder of deceased Arjun Singh by sharp edged weapon causing stab wound in his left side of the chest. On the aforesaid basis FIR Ex. 15 was registered under Section 302, IPC and investigation commenced.

(3.) After conclusion of investigation, the Investigating Agency filed challan against accused appellant Badan Nath before the committal Court from where the case was committed to the Court of Sessions Judge, Rajsamand. The learned Sessions Judge, Rajsamand framed the charges against accused appellant.