BHOOR SINGH AND OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Appeal is directed against the judgment dated 15-10-82 passed by the Addl. Sessions Judge, Kishangarhbas, whereby, the accused- appellants have been convicted under section 304(1) read with Sec. 34 1PC and have been sentenced to undergo 10 years R.I. and to pay each a fine of Rs. 500.00, in default of payment of fine, each to undergo further 6 months R.I.

(2.) Brief facts giving rise to this appeal are that on 28-1-81, police recorded a Parcha Bayan of Jagpal S/o Shri Sambhu Singh R/o Lilajoga in the Bardog Hospital. In that parcha-bayan it has been stated by Jagmal Singh that Ganpat Singh and Bhoor Singh are his real uncle and that a partition has taken place of their residential house amongst them and that Jagpal wanted to construct.his separate house. It was further stated that two days prior to the day of incident, when he and his brother tried to dig foundation then their uncle and uncle's sons restrained them from digging the foundation. Even after the said protest the complainant party arranged to dig the foundation and started construction and at that time the uncle of the deponent and his sons again came at the spot and tried to stop the construction. On 28-1-81 when the complainant and his brothers Mangtu Singh, Sher Singh and Pooran Singh went to start construction work of house in their land, at that time appellants Ganpat Singh, Pratap Singh , Ramesh Singh, Bhoor Singh, Babu Singh and Mool Singh armed with deadly weapons were present at the place of incident and Ramesh Singh and Pra tap Singh inflicted dhariya and farshi blows respectively on the person of Mangtu Singh. After sustaining injuries at the hands of Ramesh Singh and Pratap Singh, Mangtu fell down. Thereafter, Babu Singh inflicted kulhari blow on the stomach of Mangtu Singh and Mool Singh inflicted lathi blow on the head of Mangtu Singh. Thereafter, Ramesh and Pratap again repeated the blows. Mangtu Singh died after reaching hospital. On the aforesaid Pracha-bayan the Police registered a criminal case under Sec. 302 Penal Code and F.I.R. No. 9/81 was chawked out and investigation commenced. After completing the investigation a challan was filed against the accused-appellants under various Sections of the Indian Penal Code. During trial accused Ganpat Singh died and, therefore, proceedings against Ganpat Singh were dropped.

(3.) The learned Sessions Judge after recording the statements of 15 witnesses from the side of prosecution and hearing the parties found the accused-appellants guilty for the offence under section 304(1) and passed aforesaid sentenced against them. Hence this appeal.