Honble SHARMA, J.– Rameshwar, appellant herein, with a lathi in hand, chased and ousted a mad dog out of the village. At the same time Rameshwar inflicted lathi blow on the head of his cousin Rajendra. Rameshwar was put to trial for committing murder of Rajendra before learned Additional Sessions Judge (Fast Track) No.1 Kota, who vide judgment dated October 1, 2002 convicted and sentenced him under Section 302 IPC to suffer imprisonment for life and fine of Rs.1,000/-, in default to further suffer imprisonment for six months. In this appeal Rameshwar has assailed the said finding of learned trial court.

(2). It is the prosecution case that on January 07, 2002 informant Mohan Lal (Pw.1) submitted a written report (Ex.P-1) at police Station Sangod to the effect that on the said day around 8 AM while his son Rajendra was going towards the field Ram Gopal, Rameshwar and Nand Bihari waylaid him and inflicted lathi blows on his person. On that report a case was registered under sections 341, 323, 307 and 34 IPC and investigation commenced. During the course of investigation Rajendra succumbed to his injuries and section 302 IPC was added. Dead body was subjected to autopsy, necessary memo

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