- (1.) FROM the womb of Smt. Kasturi Bai (PW -10) and the loins of Hajari Lal (PW -3), two sons, namely Bhanwar Singh (deceased) and Gopal, present appellant, were born. Both, Gopal, present appellant and Bhanwar Singh were staying in the house of Hajari Lal (PW -3) in two separate portions.
(2.) ON 29.10.2003 at 12:00 noon in Village Aawalheda, the present appellant, Gopal, murdered his elder brother, Bhanwar Singh with axe (kulhari). Smt. Kasturi Bai (Pw -10), the mother of the appellant, being eye -witness, has deposed against him.
(3.) THE Court of Additional Sessions Judge, Aklera, District Jhalawar, vide its impugned judgment dated 26.03.2004, held the appellant guilty for commission of offence punishable under Section 302 of Indian Penal Code for committing murder of his elder brother, Bhanwar Singh and sentenced him to undergo life imprisonment and to pay a fine of Rs.2000/ -. In default of payment of fine to further undergo two months simple imprisonment. Aggrieved against the judgment of conviction and order of sentence pronounced by the trial Court, appellant, Gopal, has instituted the present appeal through Superintendent, Central Jail, Kota. In the present case, the criminal proceedings were set into motion, on the basis of written -report (Exhibit -P/1) presented by Heera Lal (PW -1) before AmiLal (PW -13), Station House Officer, Police Station, Manohar Thana. Amilal, appeared in the Court as PW -13. He stated that on 29.10.2003 he was posted as Station House Officer, Police Station, Manohar Thana. On that day, he received a telephonic information at 01:30 P.M. from Dr. Satish Pareek (PW -14) that Bhanwar Singh s/o Hajari Lal in an injured condition has been admitted in the hospital. On receipt of said information, he constituted a Police Party and proceeded to the hospital. At hospital, Heera Lal (PW -1) presented written -report (Exhibit -P/1). Copy thereof was sent through Suresh Kumar, Constable (PW -11) to the Police Station. Bhanwar Singh (PW -15), being Head Constable at Police Station, Manohar Thana, received written -report (Exhibit -P/1) and on the basis thereof registered a formal First Information Report (Exhibit -P/11), bearing No.149/2003.;