MOHAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 25.02.2014, passed by the High Court of Judicature for Rajasthan, Jaipur Bench, in S.B. Criminal Appeal No. 144 of 1998 whereby said Court has dismissed the appeal and affirmed the conviction and sentence recorded by Additional Sessions Judge, Karauli, under Section 307 of Indian Penal Code (IPC) in Sessions case No. 26 of 1986.

(2.) We heard learned counsel for the parties and perused the papers on record.

(3.) Prosecution story, in brief, is that on 10.03.1986, Rekh Singh (PW-1) was going to get his tubewell engine repaired. He was stopped by appellant Mohar Singh and three others. While other three caught hold of Rekh Singh, appellant gave lathi blows on his neck, back and legs, due to which the injured (Rekh Singh) fell down. Witnesses Man Singh (PW-2), Gyan Singh (PW-3), and Ram Roop (PW-4) witnessed the incident. They took the injured to hospital where Dr. Nand Lal Sharma (PW-5) recorded injuries suffered by Rekh Singh in Ex. P-7, and also advised X-ray. After X-ray of injury on head, suffered by the injured, fracture was detected and supplementary report Ex. P-5 was prepared. PW-7 Manvendra Singh, S.H.O., Karauli, received information from aforesaid hospital, and set the police machinery into action. Sub-inspector, Bharat Singh (PW-6) went to the hospital and recorded "Parcha Bayan" - Ex. P-1. On the basis of said memorandum, First Information Report No. 70/86 was registered at the Police Station. S.H.O, Manvendra Singh (PW-7) investigated the Crime, and after interrogating the witnesses, and inspection of site, filed charge-sheet against appellant Mohar Singh and three others, namely, Ram Kishan and his sons Meetha Lal and Bheem Singh, for their trial in respect of offence punishable under Section 307 read with Section 34 IPC.