INDER SINGH ALIASTHUNIA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) LEARNED Addl. Sessions Judge No. 1, Hanumangarh, exercising jurisdiction in sessions division, Sriganganagar, has convicted accused-appellants Inder Singh @ Thunia Singh and Nahar Singh for offences under sections 302 read with 34 I. P. C. and 450 I. P. C. on the first count, he has sentenced each one of the appellants to undergo imprisonment for life and to pay a fine of Rs. 1000/- each and in default to undergo further rigorous imprison-ment for six months. On the second count, each of the appellants has been sentenced to undergo rigorous imprisonment for three years and to pay a fine of Rs. 500/- each and in default, to undergo further rigorous imprisonment for three months each. Both the substantive sentences have been ordered to run concurrently. Aggrieved, Inder Singh has filed D. B. Criminal Jail Appeal No. 367/85 while Nahar Singh has filed D. B. Criminal Jail Apeal No. 368/85. Since both the appeals arise out of a common judgment, they have been heard together and are being disposed of by a single judgment.

(2.) THE appellants and the deceased as also PW 1 Kishan Singh and PW 2 Vijay Singh are close relations as would be evident from the pedigree given below:- Jeet Singh Khangar Singh @ Gang Singh Ram Singh Kalu Singh Ganpat Singh Bhopal Singh Bhani Singh Sohan Singh Himmat Singh Kishan Singh PW1 Vijay Singh PW2 Nahar Singh (appellant) Iner Singh (appellant)

(3.) THE learned Addl. Sessions Judge No. 1, Hanumangarh, who was ceized of the case, framed charges against the accused persons for offences under sections. 302 and 450 I. P. C. Both the accused pleaded not guilty and claimed trial.