STATE OF RAJASTHAN Vs. MOHKAM SINGH

JUDGEMENT

(1.) Both the appeals are being decided together as they arise out of the judgment dated 26th March, 1983 passed by the learned Sessions Judge, Bharatpur.

(2.) At the very out set, the learned public prosecutor has informed the court that accused Shri Chand son of Devi Singh had died during the pendency of these appeals. Therefore, the appeal filed by the accused-appellant Shri Chand as well as against him by the State of Rajasthan stands abated.

(3.) In short, the facts of the prosecution case are that a report came to be lodged at police station Sevar on 28th May, 1982 by one Than Singh, ASI. In the said report, a mention was made about rapat No. 879 dated 28th May, 1982, timed 12.00 a.m. and that on a marg information report No. 47/1982 being registered under Section 174 Cr.P.C., Than Singh ASI along with Prahlad Singh, constable No. 1255 and Shanker Lal constable No. 892 had gone for investigation where it was found that deceased Raghunath Singh was living separately, for last three years from his father and brothers. The in-laws of Devi Singh, the father of the deceased, had lived in village Atus District Agra. Smt. Rumali, the material grand mother of the deceased, had no son and as such, she also shifted to village Bharangarpur and started living there. Some time ago, she had sold her land situated in the village Atus and she was having the sell amount with her at Bharangarpur. Raghunath Singh deceased had asked his father and brother to give him share from the said amount, which they refused. They had in turn asked him to give-up him claim over 2 bighas of land which was given to him by Devi Singh and then only he would be given a share from the aforesaid money. On account of this, there was enmity between the deceased, his father and brothers.