MOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 25th Aug., 1984, passed by the Sessions Judge, Sikar, convicting the appellant under Section 302, IPC and sentencing him to imprisonment for life, and a fine of Rs. 1,000/ - and in default of payment of fine to further undergo six months' rigorous imprisonment; he has further been convicted under Section 201, IPC and sentenced to two year's rigorous imprisonment and a fine of Rs. 500/ -and in default of payment of fine, to further undergo three months' rigorous imprisonment. Both the sentences awarded to the appellant, were however, ordered to run concurrently.

(2.) ONE Sukharam Balai gave a Parcha -Bayan at PS, Dantaramgarh, on 29th April, 1984 at about 1 p.m., alleging that Nathuram and Prabhu Balai used to cultivate the field of Hanuman Pareek. His field was adjacent to the field of Hanuman Pareek. His real sister was married to Prabhu Balai, and as such, he was very well -acquainted with their family. Mohan appellant is also brother of Prabhu, Mohan was helping Prabhu in cultivation for the last about 15 days. He had illicit relation with the wife of Nathuram. Mohan and Nathuram were not on cordial terms on account of that fact. Prabhu had gone to village, while Mohan and Nathuram were at the field. The report further was that on the previous day, Chhitar Balai had come to his well and informed him that Nathuram had fallen into the well of Hanuman Pareek. Thereupon, in the evening, he told the said fact to Magan Singh Rajput. It is then mentioned in the Parcha -Bayan that last evening at about 8 -9 O'clock, the dead body of Nathu was taken out from the well, and he was silently cremated. Sukharam further stated in the Parcha -Bayan that it was rumour everywhere that Mohan and Mst. Barji, wife of Nathu both had murdered Nathu and dropped him into the well, and that without informing the police, the dead body had been cremated.

(3.) AFTER having usual investigation, the police submitted a challan against Mohan and Mst. Barji.