NAIN SINGH Vs. STATE

JUDGEMENT

(1.) BY the present appeal the appellants, the two brothers, challenge the judgment dated September 24, 1998 passed by the learned Additional Sessions Judge convicting them for offences punishable under Sections 304/34 IPC and the order on sentence dated September 25, 1998 directing them to undergo imprisonment for life each and to pay a fine of Rs 2,000/ - each The conviction is based on the testimony of PW -4 Kamlesh, wife of the deceased, corroborated by medical evidence and proof of motive by the testimony of PW -3 Rajbala, the sister of the deceased

(2.) LEARNED counsel for the appellants contends that though the learned Trial Court rightly disbelieved PW -1 Narain Singh, brother of the deceased however, it erred in believing Kamlesh Both the witnesses were planted Though both Narain Singh and Kamlesh claim that they took the deceased to the hospital however, their blood stained clothes were not seized The three - wheeler driver in whose vehicle the deceased was taken was neither examined nor blood stains seized from the said vehicle Though Kamlesh stated that she was injured in the incident, she was not examined medically and no MLC has been prepared The hockey stick recovered on the disclosure of the Appellant No2 Ombir has been rightly disbelieved by the learned Trial Court Further the two dandas allegedly recovered also do not connect to the offence committed The juvenile whose inquiry was conducted before the Juvenile Justice Board has already been acquitted and hence the appellants be also acquitted of the charges

(3.) WE have heard learned counsel for the parties and perused the record