Judgment

Dr. Arijit Pasayat, J. —

1.These two appeals are directed against the Judgment of a Division Bench of the Rajasthan High Court directing acquittal of respondent Gajanand. One appeal has been filed by the informant while the other has been filed by the State. The trial Court i.e. learned Additional Sessions Judge, No.2, Bundi, Rajasthan, had convicted Gajanand for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the ‘IPC’) and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.2,000/- with default stipulation. Co-accused Mahavir was, however, acquitted.

2.Background facts in a nutshell are as follows :

Kana (PW-13) lodged a First Information Report (Ext.P-2) that while he and his brother Devi Lal (hereinafter referred to as ‘deceased’) were working in the field, respondent No.1-Gajanand and Mahavir objected to it and caused injury to him. It was stated that Gajanand was having an axe in his hand and he caused injuries to Devi Lal on his head. Earlier, a case under Section 307 IPC was registered but on the death of Devi Lal charge under Section 302 IPC was added. After completion of investigation, challans were submitted agai