SANGEET LODHA,J. - (1.) This appeal is directed against the judgment dated 6.4.15 of Additional Sessions Judge No.2, Hanumangarh in Session Case No.64/12, whereby the appellant has been convicted for offence u/s 302 IPC and sentenced to suffer imprisonment for life with fine Rs.5,000/-; in default of payment of fine to further undergo rigorous imprisonment for two months.
(2.) The background facts which led to the trial of the appellant are summarised thus: On 31.12.11 at 12.30 A.M., Shri Momanram (PW 4), Sarpanch, Gram Panchayat, 4 KSP gave telephonic information to the Police Station, Tibbi to the effect that in Narayan Ram Meghwal's Dhhani, Narayan Ram has caused death of his younger brother Bhajana Ram by gandasi blows. Later, Smt. Indra (PW 1), the sister of Bhajana Ram and Narayan Ram, lodged a written report (Ex.D/1) at Police Station, Tibbi, alleging therein that her mother Smt. Rameshwari holds agriculture land ad measuring 10 bighas comprising chak 6 KSP. There exists a dhhani (hamlet) in the said agriculture field wherein her mother Rameshwari, brothers Bhajana Ram and Narayan Ram and she herself are residing. Bhajana Ram and Narayan Ram are both habitual drinkers and used to quarrel under intoxication of liquor. On the fateful day at about 10 P.M. when she, her mother and niece Kalawati (PW 8) had gone to bed after taking meal, Bhajana Ram and Narayan Ram were quarreling. During the quarrel, Narayan Ram brought a gandasi and with an intention to kill Bhajana Ram, gave a gandasi blow to him. When Smt. Indra (PW 1) and Kalawati (PW 8) attempted to rescue Bhajana Ram, Narayan Ram threatened to kill them. Narayan Ram inflicted severe injuries by gandasi on the head and other parts of body of Bhajana Ram, as a result whereof, he died on the spot. Thereafter, Narayan Ram fled away from the place of occurrence. Smt. Indra went to the house of Sarpanch Moman Ram (PW 4), who accompany her to the police station and the report was lodged.
(3.) On the basis of the written report (Ex.D/1) lodged as aforesaid, an FIR was registered at Police Station, Tibbi, against the accused appellant for offence u/s 302 IPC and the investigation commenced.;