JANGIR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment dated 2nd of February, 1988 passed by the Learned Additional Sessions Judge No. 1, Sri Ganganagar by which appellant Jangir Singh was convicted Under Section 302, IPC and sentenced to imprisonment for life, and appellant Ninder Singh was convicted Under Section 302 read with Section 34, IPC and sentenced to imprisonment for life.

(2.) BRIEFLY stated, the facts of the case leading to the trial of the appellants and the present appeal are that when on 11.9.1986 at about 4 or 5 a.m. Ameer Singh, deceased alongwith his wife Taro Bai (PW 1), son Pala Singh (PW 2) and daughter Jaggro was sleeping outside his house, the two appellants came to him and asked him to accompany them. On his asking why they wanted him to accompany them, he was told that he may take the bicycle from his house. Despite Taro Bai asking him not to go, Ameer Singh accompanied Jangir Singh and Ninder Singh and went to the diggi outside the house of the appellants, at a little distance from the house his. Jagar Sing, father of Ninder Singh instigated them to give a beating to Ameer Singh. Jangir Singh inflicted kasia blow on the head of Ameer Singh and when he fell down, Ninder Singh caused injuries on his right foot, cali and behind the knee with Gandasi. On Ameer Singh raising a cry, Taro Bai and Pala Singh reached there and rescued them. They took him to their house on a cot. Jaggar Singh, the brother in law of Ameer Singh, who had come to see his daughter in the village, also reached the house of Ameer singh at about 7 a.m. At 8.30 a.m. he went to Karanpur to bring a jeep and returned at about 9 a.m. At 12 a.m. Ameer Singh went to police station, Karanpur Ameer Singh lodged the report Ex. P. 2. He was then taken to Karanpur hospital. Dr. Iqbal (PW 3), incharge of Primary Health Centre, Karanpur, examined the injuries of Ameer Singh. At 2.10 a.m. on 11.9.1986 he prepared the injury report Ex. P. 7. The doctor noted following injuries on his person.

(3.) THE learned Judge did not hold Jaggar Singh guilty of the charge and acquitted him. The case against the appellants was however held to be established from the statements of Taro Bai and Pala Singh and they were convicted and sentenced as stated earlier.