OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this criminal appeal, the appellants are challenging the judgment dated 28.02.1986 passed by the Sessions Judge, Churu in Sessions Case No. 20/1985, whereby, learned trial Judge convicted the each of the appellants for offence under Section 302, read with Section 149 I.P.C. and sentenced them to suffer life imprisonment with a fine of Rs. 500/ - and for offence under Section 148 I.P.C. awarded sentence of imprisonment for one year.

(2.) ACCORDING to brief facts of the case, an FIR was filed by P.W. -1 Kishore Singh S/o Durjan Singh at Police Station Meerwas (District Churu) at 03.35 P.M. on 17.01.1985, in which, it was stated that his brother Mandan Singh, by caste Rajput, r/o village Bhojan was going on camel towards the temple. At that time, in front of the house of Heer Singh S/o Dhan Singh, Sardara Ram, Om Prakash, Satveer, Bhaga Ram and Antar Singh, by caste Jat, r/o village Bhojan assaulted his brother Mandan Singh and gave beating to him. At the time of assault, Sardara Ram, Bhagaram and Antar Singh were having 'lathies' in their hands and Om Prakash and Satveer had 'geti' with them. Upon above statement of P.W. -1 Kishore Singh, FIR No. 9/85 was registered for offences punishable under Sections 323 and 147 I.P.C. Thereafter, the investigating office proceeded to commence the investigation. It is also pertinent to observe that prior to registration of the above FIR, another FIR No. 8/85 was registered upon complaint filed by the accused -appellant Om Prakash at the same police Station Meerwas (District Churu) at about 11.55 A.M. for offence under Section 324 I.P.C. As per said FIR filed by accused -appellant Om Prakash, the complainant party inflicted injury upon his head and arms with a sharp -edged weapon; meaning thereby, for one incident, cross FIRs were registered, one by accused -appellant Om Prakash at about 11.55 A.M. which is FIR No. 8/85 and, subsequent FIR was filed by P.W. -1 Kishore Singh at the same police station as FIR No. 9/85.

(3.) BRUISE 4" X 1" X 1/5" right infra scapular region.