RAI SINGH Vs. STATE

JUDGEMENT

(1.) Two brothers, Rai Singh, appellant, in Criminal Appeal No. 29 of 1983 and Gunia, appellant, in Criminal Appeal No. SO of 1963, were convicted and sentenced, under section 304, Part II, I. P. C., read with section 34, I. P. C., by the learned Sessions Judge, Sirmur, for causing the death of Mohta. The prosecution case against the appellants was as follows :

(2.) The fields of the appellants adjoined the fields of Mohta; the fields of the appellant, being on the upper side, and those of Mohta, being on the lower side. On the 30th August, 1962, Mohta was digging his field, known as That, just below the boundary line of the field of the appellants. Budhi Singh P. W. 2 and his sister, Smt. Bare, grandson and grand-daughter of Mohta, were hoeing the mash crop, growing in That field. At about 5-30 P. M., the appellants called out to Mohta, from a place known as Dangi-ki-Pand as to why he was digging their field. Mohta had replied that he was not digging the field of the appellant but was digging his own field. There was exchange of hot words, between the appellants and Mohta. The appellants, then, went to That field, They had Darants Exs. P-l and P-2 with them. Hot words were, again, exchanged, between the appellants and Mohta, in That field. The appellants, then, had given blows with the blunt side of the Darants on the head, arm and leg of Mohta. Mohta had fallen down on the ground and had expired on the spot, as a result of the injuries. The appellants had run away from the place of occurrence.

(3.) Budhi Singh P. W. 2 had gone to call his father, Nanti Ram P. W. 1, who was grazing cattle in the jungle, nearby, Nanti Ram had come on the spot. He had seen the appellants running away and had called them out as to why they had killed his father. The appellants had asked Nanti Ram to keep quiet and had threatened him that otherwise he would meet the same fate as his father had met. Jania P. W. 3 and Shib Ram P. W. 4, who had seen the appellants, and Mohta exchanging hot words, had come on the spot and had seen the appellants inflicting injuries on Mohta. Jangli P. W. 7 and Uchhbu P. W. 8, who were working in their fields, had also seen the occurrence.