- (1.) Appellant, Jharya, who had been charged of offence of murder of his elder brother, Ramchandra, has challenged his conviction & sentence under Section 302, IPC, passed under judgment dated February 18, 1988. He has been sentenced to imprisonment for life with a fine of Rs. 500/-" (in default thereof, further six months' rigorous imprisonment).
(2.) A criminal case was registered at police station Karauli (Sawai Madhopur district) upon an oral report lodged by one, Rupa, on April 28,1985 and after chalking out F.I.R. No. 130/85. It had been given out in oral report by Rupa that in the morning of 28th April, 1985 at about 10 o'clock, a squabble took place in between Jharya (appellant) & his brother, Ramchandra (deceased) on customary rituals of their mother after her death and then, upon intervention put by them, both the squabblers were sent to their respective homes, but a few minutes thereafter he heard weeping noise of Ramchandra's wife & son, so, he & Babulal rushed to them and saw that Jharya after falling down his brother Ramchandra in his house, was stabbing him (Ramchandra) and till they tried to rescue him, Jharya had already inflicted 4-5 knife blows upon him and then he fled away towards jungle; but till they reached near Ramchandra, he breathed his last.
(3.) The investigation commenced. Site plan was prepared, blood smeared soil and control soil were seized and sealed and then sent to chemical examination. Inquest report was prepared. During the course of investigation, statements of Babu, Rupa (informant), & Devilal were recorded on April 28, 1985. The appellant was arrested on October 26, 1986. Autopsy of Ramchandra (deceased) was conducted on 29.4.1985. The charge-sheet after completion of the investigation, was filed in the court. The case was committed to the court of Sessions. The appellant was charged of offence under Section 302, IPC. In support of the prosecution case, in all 11 witnesses were examined. The appellant was examined under Section 313, Cr.P.C. In his statement, the appellant in answer to question No. 9, viz, why did the witnesses state against you , deposed that wife of the deceased was already rogue and she had destroyed family of his brother and then had gone in Nata marriage to other.;