PAPPU GUTIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Pappu Gutiya has been convicted alongwith his wife Smt. Kali Santo Devi on the charge of murder of his brother Jagmal. Both of them have been sentenced to imprisonment for life for offence under Section 302/34 I.P.C.

(2.) The prosecution story as disclosed during the trial is that in the locality 3 FDM two brothers namely Pappu Gutiya and Jagmal used to reside. Their married sister PW-l Smt. Kali alongwith her husband and daughters was also residing in the same locality. The factual scenario as disclosed during the trial is that in the afternoon of 22/6/1997, the appellant Pappu Gutiya was seen unloading bricks and sand from the camel cart of Rajpal. At about 8.30 PM both the brothers i.e. deceased Jagmal and appellant Pappu Gutiya alongwith Rajpal, after consuming liquor and taking dinner, entered into quarrel. Rajpalleft the place with his camel cart. It is alleged that appellant Kali Santo also joined Pappu Gutiya in assaulting deceased Jagmal. The cries of Jagmal attracted his sister PW-1 Kali and her daughters PW-3 Savitri. Shimla and Ramgiri. When they tried to intervene, Pappu Gutiya made an attempt to assault them by Sela. Jagmal was killed by Pappu and his wife at about 10:00 PM. Oral First Information Report of this incident was lodged by Smt. Kali w /0 Dabbu at police station Suratgarh on 23/06/1997 at about 11:00 A.M. The police registered the case and proceeded the investigation. After usual investigation police laid charge-sheet against both the appellants for offence under Section 302/34 I.P.C.

(3.) The appellants pleaded not guilty and claimed trial. The prosecution in support of the case examined eight witnesses and produced certain documents. Appellants denied the correctness of the prosecution evidence appearing against them. Accused persons examined DW-1 Samniya. DW2 Bachan Singh and DW 3 Saldera Khan. The trial court found the charges proved against the appellants and as such convicted and sentenced them as stated above.