MOOL SINGH AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the judgment impugned dated 18.6.2009, learned Additional Sessions Judge(Fast Track) No. 2, Pali convicted the accused Appellants No. 2, 3 and 4 for the offences punishable under Sections 302/34 and 341 Indian Penal Code. Accused Appellant No. 1 Mool Singh was convicted for the offences punishable under Sections 341 and 302 Indian Penal Code. The trial court awarded sentence to the Appellants as under: <FRM>JUDGEMENT_96_LAWS(RAJ)7_2011.htm</FRM>

(2.) IN appeal, main contention of counsel for the Appellants is that no case is made out against accused Appellant Mool Singh to convict him for the offence punishable under Section 302 Indian Penal Code and similarly no material is available to record conviction of other Appellants for the offence punishable under Section 302/34 Indian Penal Code. It is asserted that as a matter of fact on basis of the evidence available on record the act of accused Appellant Mool Singh does not travel beyond an offence punishable under Section 325 Indian Penal Code. In alternative, it is also urged that even by accepting the prosecution case in totality, the act of the Appellant No. 1 may be an offence punishable under Section 304 part -II Indian Penal Code.

(3.) ON basis of the information aforesaid a case was registered and investigation was initiated for commission of offences punishable under Sections 307, 341, 323/34 Indian Penal Code. During the course of treatment injured Sohan Singh died on 29.6.2008, as such investigation was also commenced for the offence punishable under Section 302 Indian Penal Code.