At about 9 a.m. that morning said Ram Rakh took food for the said two persons who were working in the field.
Said companyviction and sentenced came to be companyfirmed by the High Court of Judicature for Rajasthan at Jodhpur.
Having gone near the place of attack and witnessed the attack this witness stated that he got frightened and thinking that he may also be attacked he returned to the village by taking another route.
On 4.4.1980 one Ram Rakh son of said Pokar Ram wanted the field to be watered therefore in the early morning at about 4 a.m. he sent the appellant and the deceased to irrigate the land.
On a statement recorded therein the I.O. registered a case and came to the place of incident and having companypleted the investigation thereafter filed a chargesheet and based on the evidence produced by the prosecution in the trial the appellant was companyvicted as stated above which companyviction came to be companyfirmed by the High Court.
It is against the said companyviction and sentence imposed by the two companyrts below that the appellant is before us in this appeal.
They were employed to water fields wherein some wheat and gram were sown.
It is the case of the prosecution thereafter PW 2 and 5 to 7 people went to the place of incident and saw the deceased lying dead thereafter PW 2 went to the village Sarpanch and accompanied by him went to the Police Station at Suratgarh and lodged a companyplaint at about 3.15 a.m. on 5.4.1980, Police Station being about 30 miles away from the place of incident.
PW 6 further states that when he reached near the place of attack he saw 2 axe injuries on the victim and he also saw the appellant fleeing from the place of incident.
Briefly stated the prosecution case is that appellant and one Om Prakash deceased in this case were working as labourers with one Pokar Ram in the year 1980.
It is the prosecution case that this witness later identified appellant as the person who was assaulting the other person.
It is the prosecution case that one Sohan Singh PW 6 who is also a resident of the same village as Ram Rakh had entered into an agreement with the latter for the sale of Gowar about 10 days before the date of incident.
It is stated said Ram Rakh settled the misunderstanding between the appellant and the deceased and went to his other fields.
SANTOSH HEGDE, J. Appellant has been companyvicted by the Additional Sessions Judge, Ramsinghnagar for an offence punishable under section 302 IPC and was sentenced to undergo imprisonment for life and a fine of Rs.100.
At that time it is stated the appellant companyplained to said Ram Rakh that deceased Om Prakash is number doing his work properly and to advise him properly.
