2012 Supreme(Raj) 1567
GOVIND MATHUR, R.S.CHAUHAN
Natu Lal – Appellant
Versus
State – Respondent
Advocates:
For the Appellant:Mr. K.R. Bhati, Advocate.
For the State: Mr. K.R. Bishnoi P.P.
JUDGMENT
1. - Through this jail appeal, Nathu Lal and Hansaram have challenged the judgment dated 19.04.2006 passed by the Additional District & Sessions Judge (Fast Track) No.1, Udaipur, whereby they have been convicted for offences under Sections 302/34 and 201 IPC.
2. Briefly the facts of the case are that on 11.06.2005, Manna (P.W.3) submitted a written report (Ex.P/9) at Police Station Sayra wherein he had claimed that they are three brothers, namely Nathu, Lachha and he himself. He further claimed that in 2002 his brother, Lachha, had committed murder of their parents. Thus, he was sent to jail. After he was released from the jail, Lachha had become mentally weak. His wife had also left him and gone in Nata. He further claimed that on 05.06.2005, around 9:00 AM when he himself came back from his in-laws' place, he asked his elder brother, Nathu, and his cousin brother, Hansa as to the whereabouts of Lachha. They told him that on Saturday Lachha had started throwing the roof tiles of the hut and had tried to burn the hut. Therefore, they threatened him. Consequently, he ran away. They tried to look for him, but they could not find him. He further claimed that around 6:00 PM, in
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