- (1.) These two appeals are directed against the judgment of a Division Bench of the Rajasthan High Court directing acquittal of respondent Gajanand. One appeal has been filed by the informant while the other has been filed by the State. The trial Court i.e. learned Additional Sessions Judge, No.2, Bundi, Rajasthan, had convicted Gajanand for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the 'IPC') and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.2,000/- with default stipulation. Co-accused Mahavir was, however, acquitted.
(2.) Background facts in a nutshell are as follows: Kana (PW-13) lodged a First Information Report (Ext.P-2) that while he and his brother Devi Lal (hereinafter referred to as 'deceased') were working in the field, respondent No.1- Gajanand and Mahavir objected to it and caused injury to him. It was stated that Gajanand was having an axe in his hand and he caused injuries to Devi Lal on his head. Earlier, a case under Section 307 IPC was registered but on the death of Devi Lal charge under Section 302 IPC was added. After completion of investigation, challans were submitted against Gajanand and Mahavir.
(3.) As appears from the first information report the informant had stated that while they were harvesting the wheat at the agricultural land in the morning two cow boys were grazing their goats. When loss was caused to the crops, Devi Lal asked them not to do so. They insisted that goats would be grazed and their names were Gajanand and Mahavir. When Devi Lal further asked them not to do so, Gajanand gave a blow of axe on the left side of his head and the deceased fell down. Thereafter, Mahavir assaulted with fists and the handle of the axe. Thereafter both of them fled away.;