BUDHI AND ROOP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS criminal appeal has been filed by the appellants challenging judgment dt. 14. 10. 99 of the learned trial court, whereby each of the appellants has been convicted for offence u/s. 302, IPC and sentenced to life imprisonment with a fine of Rs. 500/- (in default, further RI for 3 years ).

(2.) IT is the prosecution case that an FIR No. 347/98 was registered at PS Kotwali (Sawai Madhopur) upon information given by Babulal Gurjar on 30. 8. 98 to the effect that the village people had gone to the holy shrine of `kachida Mataji' temple situated in the Hill to worship and after obeisance some of them returned back but he (Babulal) alongwith Ramu & Harphool proceeded to return at 4 O' clock in the evening, then reached near Nalla ahead anicut at about 5 PM during which he has ahead, Harphool was in between, and as soon as they crossed and were inclining over nalla then they saw Budhi & Roop Singh alias Roopa Gurjar of village Bhadlav duly armed with lathies and soon they (Budhi & Roopa) reached near them and soon thereafter started inflicting blows on the person of Harphool. IT has been alleged in the report that Budhi caused injuries by lathi on the head of Harphool thereby he fell on the ground with blood oozing out from the head but despite Harphool having fallen down Roopsingh & Budhi continued causing injuries to him (Harphool) by infliction of lathies blows, and even when he tried to escape, the accused did not rebut. However, Harphool succumbed to the injuries then and there at the spot itself. IT has been stated therein that since Harphool died at the spot, they got afraid, so first they went to inform wife & son of Harphool in the village and thereupon came back to the spot wherefrom some people left for informing the police on telephone. Written report was given to SHO PS Sawai Madhopur who reached the spot on 30. 8. 98 at 9 PM and then it was sent to the police station through Hanuman Prasad Constable No. 493. Consequently, FIR under Crime No. 347/98 was registered for offences u/ss. 302 & 341/34 IPC.

(3.) I have heard the learned counsel for the parties and perused the evidence on record.