PREETAM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals are against the judgment of Rajasthan High Court in Criminal Appeal No. 325 of 1989. The appellants in Criminal Appeal No. 449 of 1994 gether with six others were charged and tried for forming unlawful assembly, indulging in rioting/ causing the death of one Pyara Singh with deadly weapons on the night of 12th January, 1988 at the house of the informant Harbans Singh situate in village 3-X and for causing grievous injuries three members of the complainant party--the informant, his brother and the son of the deceased. Along with the appellants, six others were also tried for various offences in connection with the same incident. The Sessions Judge convicted appellants 1, 2 & 3 under Sections 148, 302, 307/149, 326, 324 & 323/149 and sentenced them life imprisonment. The accused-appellant No. 4, Nihal Singh was held guilty of the offences under Sections 148, 302/149, 325, 324/143, 307 & 323/149 and sentenced life imprisonment. Others were convicted for various offences viz., Sections 302/149, 307/149 etc. On appeal, the High Court found the appellants guilty of the offence of murdering Pyara Singh. The High Court having held that149 was not attracted, convicted them under302/34 IPC and sentenced them life imprisonment and fine of Rs. 1000/-. They were acquitted of other charges. Nihal Singh (Appellant No. 4) was convicted under326 IPC for causing grievous injuries Satpal Singh (son of deceased) and he was sentenced suffer three years R.I. and pay fine of Rs. 100/-. However, he was acquitted of other charges. Three other accused were convicted for the offences either under Sections 322, 323 or 324 IPC and were acquitted of other charges.

(2.) The motive for the attack, as brought out in evidence was the ill-feelings that developed between Harbans Singh and his brother Jeet Singh on the one hand and the accused Nihal Singh on the other. Both of them have adjoining fields. It appears that the tube well dug up by Nihal Singh close the tube well of the complainant caused the depletion of water in the tube well of the complainant. Harbans Singh, the informant and Jeet Singh (P.W.6) are the brothers. The deceased Pyara Singh is the brother-in-law of Jeet Singh. Satpal Singh, PW-1 is the son of the deceased. The accused are also related each other. Appellants 1 & 2 are brothers. The 3rd appellant Bakshish Singh is the son of Appellant No. 1.

(3.) In the incident that occurred, Pyara Singh lost his life and three others of the complainant party, namely, Satpal Singh, son of the deceased, Harbans Singh, the informant and his brother Jeet Singh were injured. Three of the accused who are appellants 1 3 herein also received injuries.