SANGEET LODHA,J. - (1.) This appeal is directed against judgment dated 30.5.92 passed by the learned Sessions Judge, Merta in Sessions Case No.34/91, whereby the respondent Inder Raj was acquitted of the charges for offence under Sections 302 , 449 IPC, however, has been convicted for the offences under Sections 325 , 448 IPC and sentenced to imprisonment already undergone and a fine of Rs.500; in default of payment of fine, to undergo further simple imprisonment for three months.
(2.) In nutshell the prosecution case is that informant Genaram (PW 3) submitted a written report at 7.30 P.M. to SHO, Police Station, Degana stating therein that on 20.11.90 at about 3.00 P.M. his brother Dularam was sleeping on the roof of his house, accused Inder Raj armed with stick entered the house. Pemaram who had seen Indraraj entering the house being suspicious, followed him. While he was searching the accused in the house, he heard the shout from the roof "...[VERNACULAR TEXT OMITTED]..." and therefore, immediately rushed to the roof where he saw accused Indraraj beating Dularam by stick. Seeing Pemaram, the accused Indraraj climbed down from the roof and ran away. Pemaram found that Dularam has died and thereupon he went to the agriculture field of informant Genaram and narrated the incident.
(3.) On the basis of the written report, the police registered the FIR for offence under Section 302 IPC and the investigation commenced.;