JANGEER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants Jangeer Singh and Harbans Singh have filed this appeal against the judgment of the Division Bench of the Rajasthan High Court convicting the appellant-Jangeer Singh for an offence under S. 326 read with S. 34, Indian Penal Code (for short 'IPC') and appellant-Harbans Singh under S. 302, I.P.C. While Harbans Singh has been sentenced to imprisonment for life and a fine of Rs. 200/- and in default thereof to undergo simple imprisonment for two months, Jangeer Singh has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 200/- and in default of payment of fine to undergo simple imprisonmnet for two months.

(2.) Both the appellants were tried by the Sessions Judge, Sriganganagar, for an offence under S. 302 read with S. 34, IPC. Sessions Judge, however, acquitted both the appellants. Against that judgment State of Rajasthan filed an appeal in the Rajasthan High Court challenging their acquittal. By the impugned judgment High Court allowed the appeal convicting and sentencing the appellants as aforesaid.

(3.) On report lodged with the police by Kashmir Singh, brother of deceased-Jeet Singh, case under Ss. 302/34, IPC was registered against the appellants. The report was lodged at 9.45 p.m. on November 9, 1981 within fifteen minutes of the occurrence. The appellants were prosecuted on the allegation that on November 9, 1981 at about 9.20 p.m. Jeet Singh along with Balvindra Singh and Narendra Pal Singh was going to his house. On the way he passed through the house of the appellants. At that time both the appellants were standing in front of the gate of their house and they called out Jeet Singh to go to them. When Jeet Singh went near them the appellants got hold of him and told him that he had got the jeep repaired from them but did not make full payment of the repairing charges and yet he was raising a dispute and that the appellants would teach him a lesson that day. It is alleged that appellant-Harbans Singh was holding a 'barchha' in his hand and he started causing injuries to Jeet Singh while appellant-Jangeer Singh continued holding Jeet Singh. Balvindra Singh and Narendra Pal Singh, who appeared as prosecution witnesses and had watched the occurrence, rushed to the house of Jeet Singh and told his brother Kashmir Singh as to what had happened. They said that because of fear they did not go near the appellants while they were attacking Jeet Singh as both of them were having weapons in their hands. Kashmir Singh along with Balvindra Singh rushed to the house of the appellants and saw that Jeet Singh was lying dead in the courtyard of their house. Post-mortem examination of the deceased showed that he suffered as many as 40 injuries, many of which were caused by sharp edged weapon and rest by blunt weapon. All injuries were ante-mortem. According to Dr. M. P. Aggarwal, who examined the dead body of Jeet Singh, two injuries on the body of Jeet Singh were sufficient to cause death of a person in the normal course. In the opinion of Dr. Aggarwal death was caused due to bleeding and shock caused to the liver, stomach, kidney and intestines of the deceased.