M.L. Jain, J. - (1.) THIS is an appeal against the judgment of the learned Sessions judge, Jhunjhunu, dated 23.10.1971 by which he convicted and sentenced the appellants Ram Niwas and Suhala as follows: (1) Suhala (a) under Section 307 IPC, to rigorous imprisonment for two years and to a fine of Re 100/ in default where of two months rigorous imprisonment; (b) under Section 452 IPC to rigorous imprisonment for six months and to a fine of Rs. 100/ in default where of rigorous imprisonment for two months. (2) Ram Niwas (a) under Section 307 read with Section 34 IPC. to rigorous imprisonment for two years and to a fine of Rs. 100/ in default where of to rigorous imprison -for two month; (b) under Section 452 to rigorous imprisonment for six months and to a fine of Rs. 100/ in default whereof to rigorous imprisonment for two months.
(2.) I have heard arguments of the learned Counsel for the appellants and the learned Counsel for the State. The facts giving rise to this appeal appear to be like this. Prabhuram PW 2 lodged a report Ex P 2 on 5 -5 -68 a.m. in police station Singhana that his younger brother Shri Ram was sleeping in the Nohra of his uncle Chunni Ram when at about 5 a.m. the accused appellants entered the Nohra. Accused Ramniwas over -powered Shri Ram sleeping on a cot, while Suhala stabbed 'CHHURA' (a knife) in the chest. When Shri Ram shouted for help, Hanuman and Kanhava Lal ran to his rescue, and the appellants then fled the scene of occurrence They also carried away the knife with them.
(3.) IT was stated in the said report that a month before the said occurrence, Shri Ram had reprimanded the mother of Suhala regarding spoiling of water by her cow When Suhala returned on leave from the military service, he was instigated by his mother and so provoked, he attacked and stabbed Shri Ram.;