NARPAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals are directed against the judgment dated 10.4.96 passed by the Additional Sessions Judge, Bali convicting the appellants Narpat Singh and Kishan Singh for the offence under Sec. 302/34 Penal Code and sentenced each of them to life imprisonment and to pay a fine of Rs. 1000.00and in default of payment of fine to further undergo one year's rigorous imprisonment.

(2.) The prosecution case is disclosed during trial is that the appellants Kishan Singh, Narpart Singh and deceased Ratan Singh were the real brothers. About twenty years back, appellant Kishan Singh developed illicit relation with one Mst. Pokri widow of Tola Ram. This was opposed by the family members and, as such, he left the village Korta and started residing with the said lady at Sumerpur. During his absence, the land of his share was being cultivated by the deceased Ratan Singh. Sometime back, Mst. Hema died. After her death, appellant Kishan Singh returned to village Karta and asked Ratan Singh to return the land. It is alleged that on 16.4.94, appellant Kishan Singh went to the field known as 'Bera Parava'. He collected some of the villagers and asked for measurement of the field and make a division of the Same. This was being opposed by Ratan Singh. It is alleged that Narpart Singh struck a lathi below on the legs of Ratan Singh and threw him on the ground. After Ratan Singh had fallen on the ground, appellant Kishan Singh inflicted kulhari blow on him on account of which he died on the spot. The information of the incident was lodged with the Police Station, Sumerpur by the second appellant Narpat Singh. On this information, police registered a case for the offence under sections 302, 302/34 Penal Code and proceeded with investigation. After usual investigation, police laid a charge-sheet against the appellant for the offence under sections 302, 302/34 IPC. The appellants denied the charges levelled against them. The prosecution in support of the case examined 21 witnesses. In their statements under section 313 of the Code of Criminal Procedure, the appellants denied the correctness of the prosecution evidence appearing against them. The trial court relying on the testimony of the eye witnesses namely PW. 3 Kundan Singh, P.W. 8 Mufa, PW. 10 Sakha Ram, PW. 15 Hukam Singh, PW. 19 Phula Ram and RW.,20 Himta Ram corroborated by the medical evidence and the recovery of incriminating articles, held the appellants guilty of murder of Ratan Singh and, accordingly, convicted and sentenced the appellants as noticed above.

(3.) We have heard learned counsel for the appellants Mr. M.L. Garg and the learned public Prosecutor and also Mr. Kumbhat, learned counsel for the complainant and perused the record carefully.