PANNA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is filed by the accused -appellants challenging the judgment dated 18.7.1986 passed by learned Sessions Judge, Rajsamand in Sessions Case No. 54/84 convicting each accused under Sections 148, 308/84 324/149 and 325/149 IPC sentencing them to under Section 148 IPC 2 years R.I. and Rs. 500/ - fine in default 6 months S.I. under Section 324/149 IPC 1 year's R.I. under Section 325/149 IPC -2 years R.I. and Rs. 500/ - fine in default 6 months R.I. under Section 308/149 IPC -3 years R.I. and Rs. 500/ - fine in default 6 months R.I.

(2.) APPELLANT Madho Singh -further convicted for offence under Section 380 IPC and sentenced to one year's R.I. with Rs. 250/ - fine and in default 3 months S.I. All the sentences have been ordered to run concurrently for all the accused.

(3.) THE prosecution story as it discloses from reappreciation of the evidence on record is that: on 11.5.1984 in the evening at about 7.00 p.m. one Gom Singh resident of Jetpura submitted an FIR at Police Station Bheem, stating therein that on 10.5.1984 at about 8.00 p.m. Gom Singh went to give food to Mahendra Singh, then he saw Champa and his brother Madho sitting at the house of Mahendra Singh. According to the information, Gom Singh came back to his house. At 9.00 p.m., when Daya Ram and Gom Singh carrying their bulls to take them water, they heard Mahendra Singh saying Madho and Champa that; 'why are you catching hold me.' At that time they also heard Champa saying that we should not remain alive the master and Daya Ram also came to his house and saw 7 -8 persons coming from the backside of Mahendra Singh's house, they were armed with axes, and Lathies and started beating with Mahendra Singh. After beating Madho took gun of Mahendra Singh which was hanging on the wall of his house. On seeing this incident Gom Singh and Daya Ram cried and called for villagers to save him, thereupon assailants ran away. Noora and Amar Singh came there but none of them followed the accused because they had a gun. It is further mentioned in the FIR that Mahendra Singh sustained injuries as different parts. He was taken to got him admitted in the hospital.