N.N. Mathur, J. - (1.) This appeal is directed against the judgment dated 28.10.1998, passed by the learned Additional Sessions Judge, Sojat, convicting the appellant of offence under Section 302, IPC, and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 100/-, in default of payment of fine, to further undergo 15 days' imprisonment.
(2.) Briefly stated, the prosecution case is that on 3.1.1995, at about 6.05 PM., P.W. 1 Jiva Ram made a statement Ex. D/1, stating inter alia, that at about 4 or 4.15 PM., his nephew Babu aged 12 years and his son Raju left the house on a cycle for going to the field. On the way, appellant Mangla Ram and Mst. Gutki (since acquitted) blocked their way. On getting down from the cycle, the appellant Mangla Ram and his wife Mst. Gutki assaulted them by Kawaria and Koont. It is alleged that Mangla gave Kulhari blow on the right side of the ear of the deceased Babu. However, on intervention of Raju, they were separated. At that time, P.W. 2 Bachna Ram also arrived. One Bhanwar Ram took Babu to the hospital on Motor Cycle. He succumbed to the injuries in the hospital. He also stated that a quarrel had taken place between them and Mangla Ram. A proceeding under Section 107, Cr.P.C., was pending between them. On account of the said enmity, the appellant Mangle and Gutki inflicted injuries to his nephew Babu with an intention to kill him. The said statement was recorded by P.W. 9 Bhagwan Singh, lncharge, Police Station, Sojat city. On the basis of the said Parcha-Bayan, FIR was registered for offence under Section 302/34, IPC. After usual investigation, the Police laid charge-sheet against the appellant and his wife Mst. Gutki for the aforesaid offences.
(3.) The appellants denied the charges levelled against them The prosecution, in support of the case, examined 10 witnesses. The accused persons, in their statements, under Section 313, Code of Criminal Procedure, denied the correctness of the prosecution evidence appearing against them. Analysing the evidence, the trial court acquitted Mst. Gutki. However, the learned Judge, convicted and sentenced the appellant, as noticed above.;