SUNDER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) - This appeal by special leave is directed against the Judgment of the Rajasthan High Court at Jaipur Bench, affirming the conviction land sentence under Section 302, IPC as against the appellant.

(2.) According to the prosecution, there was a dispute in regard to the right to draw water from the well 'Maliwala' situated in Village Dhani Beroj. The complainant and the appellant along with his three sons and several others had undisputed right to draw water in turn from the same well. There were in all 16 sharers to draw water. On October 2, 1982 there was a bitter quarrel between the complainant and accused as to the right to draw water. The complainant was asserting that it was his turn whereas the appellant and his sons were asserting that it was their turn. It was alleged further by the prosecution that the accused came there in the early part of the day and switched off the motor telling the complainant that they would be operating the tubewell in that night to irrigate their land. The complainant, however, did not agree. When that dispute was going on, the appellant with his gun fired at the deceased, Sheo Narain, who succumbed to the injury .sustained.

(3.) This was the broad spectrum of the prosecution case which resulted in the trial and the conviction of the father and his three sons. The trial court acquitted one of the sons, Mahendra. On appeal, the High Court acquitted the other two sons.