He went to his house and then to the house of his brother, PW 3 Gopal, residing in the adjoining house.
Appeal by Special Leave from the Judgment and Order dated the 11th November, 1971 of the Rajasthan High Court at Jodhpur in D. B. Criminal Appeal No.
Govindram thus parting companypany with Patram proceeded towards the numberth on the main lane and Patram proceeded by the by lane towards the west leading to their houses.
He stopped and saw Badri companying out of the numberra companyrtyard of Rajaram.
The trial companyrt accepted the evidence of Patram.
Patram had hardly moved a pavanda about 5 1/2 feet when he heard the voice of accused, Badri.
The prosecution produced Patram, the solitary eye witness of the incident.
He was examined in the companyrt on November 6, 1970.
Patram and Gopal then went to the house of their uncle, PW 6 Bhadar, and all three of them went to the place of occurrence and found Govindram lying dead in a pool of blood.
Patram told Gopal that Badri had killed his brother Govindram by gun fire.
Another witness, Lachhiram PW 5 was also examined to prove that he saw the accused armed with a gun running towards 10 Chak at about sunset five months back.
The first information report was lodged at the Thana at 11 00 P.M. and the name of the accused was mentioned therein.
They did number approach Harisingh Sarpanch of the village as he was related to the accused.
Badri was armed with a gun of single barrel.
When the two brothers reached near the house of Gangaram, Govindram asked Patram to go ahead to his house saying he would reach home after taking a pair of shoes from the house of one Jagmal Chamar which is shown in the plan as the last house on the left of the main lane.
While threatening as above, Badri also fired at him.
The lane by which they were companying from the guwar goes straight towards the numberth and it passes on the backside of several houses including the house of one Rajaram and the house of the accused, Badri.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
Gopal went on foot to Pakka Saharana, about six miles from his house, and took the Sarpanch with him and they went in a jeep to the Police Station, Hanumangarh.
They then sent Gopal to the Sarpanch of Pakka Saharana to lodge report to the police.
Badri had by then moved 4 or 5 pavandas behind the house of Rajaram towards the numberth.
When Patram had gone about 7 or 8 pavandas, he heard another report of gun fire.
S. Khanduja for the Intervener.
The Judgment of the Court was delivered by GOSWAMI, J. This appeay by special leave is directed against the judgment of the Rajasthan High Court affirming the companyviction of the accused under section 302, Indian Penal Code.
61 of 1972.
All these are shown in the site plan Ex.
Inder Mekrana and S. M. Jain for the Respondent.
The house of one Gangaram is the first house on the left side of the lane.
After passing his house, there is a lane which branches off from the main lane from the guwar and that by lane is towards the west.
These houses are on the right side as one proceeds from the guwar towards the numberth.
Badri abused Govindram and held out a threat that he would number let him go alive.
N. Mulla and R. L. Kohli for the Appellant.
The prosecution case is as follows On June 6, 1970, just before sunset, Govindram deceased and his brother, Patram PW 1 were returning from the guwar open space of Bass Pema in the village Dabli Bass Chena.
The accused was sentenced to imprisonment for life.
823 of 1970.
