MUNSHA SINGH AND ORS. Vs. STATE

JUDGEMENT

(1.) The Appellants have preferred this appeal against the judgment and order dated 14 -10 -1988, passed by the Sessions Judge, Nainital, in S.T. No. 52 of 1986, whereby the accused/appellants were convicted Under Sec. 302/34 I.P.C.; 324/34 I.P.C.; 324/34 I.P.C. and 323/34 I.P.C. and each of them were sentenced to imprisonment for life Under Sec. 302/34 I.P.C.; three years R.I. Under Sec. 324/34 I.P.C.; further three years R.I. Under Sec. 324/34 I.P.C. and six months R.I. Under Sec. 323/34 I.P.C. However, all the sentences were to run concurrently.

(2.) The prosecution version which led to the trial of the accused/ Appellants is as follows:

(3.) According to the prosecution case the present incident occurred at about 8 A.M. on 21 -11 -1985. It is alleged that accused Mansha Singh accompanied by his sons accused Santokh and Chhinda Singh as well as his daughter Km. Maya entered into the Jhala (house) of Kala Singh and started abusing him and other accused were taunting that Kala Singh and his family members were responsible for the defamation of accused Km. Maya Kaur. The accused Munsha Singh was armed with a sword while accused Chhida Singh and Santokh Singh were having Kampa (Daoo) and spear respectively. Accused Km. Maya Kaur was having a Lathi. The accused persons challenged Kala Singh and his family members that they would not leave them alive and all of them started beating the members of Kala Singh's family. Kala Singh and his father Manta Singh ran out of the house towards east. The accused nevertheless administered beating to Kala Singh's sisters Swarn Kaur and Jamuna Kaur as well as to his mother Smt. Vira Bai with their respective weapons. After that they chased Kala Singh and his father Manta Singh and succeeded in over powering Manta Singh in the vacant field of Jogendra Singh. All the accused then assaulted Manta Singh with their respective weapons in that vacant field. Manta Singh sustained injuries on his person and succumbed to the injuries on the spot itself. The occurrence was seen by witnesses Narain Singh, Karnail Singh etc. on whose challenge the accused left the spot and fled away from there. At about 12 -30 P.M. on the day of the incident, i.e. 21 -11 -1985, Kala Singh went at Police Out Post Nanakmatta (P.S. Sitarganj) and on his dictation chick F.I.R., Ext. Ka.1 was drawn by Head Moharir Ram Swaroop Singh at Out Post Nanakmatta, P.S. Sitarganj. After registration of the case against the accused persons, S.I.J.B. Singh started investigation in the case. On 21 -11 -1985 the Investigating Officer reached at the spot and performed inquest on the dead body of Manta Singh and sent the dead body for post mortem examination.