SAKHAT SINGH Vs. STATE

JUDGEMENT

(1.) THIS appeal has been filed on behalf of the accused Sakhat Singh, Harnath Singh, Prahlad Singh and Umrao Singh against the judgment of the Sessions Judge, Alwar, dated the 20th March, 1950 by which all the four accused appellants were convicted of an offence under sec. 325 read with sec. 34 I. P. C. and sentenced to seven years' rigorous imprisonment each.

(2.) IT was alleged on behalf of the prosecution that on the 29th of September, 1949 at about 10 P. M. while both the parties were drinking wine on the eve of Dasehra in village Chenpura a quarrel arose between Imrat Singh and Gobind Singh. Imrat Singh's mare ran away and he cried that he was helpless and if the mare trespassed into the fields belonging to any one he might take care of it. Gobind Singh who was also present there took objection to this and told Imrat Singh that he had intentionally let loose the mare and was then raising a false cry. Both of them exchanged abuses and then began fighting with each other. In the mean time having heard the shout of Gobind Singh 10 persons Sakhat Singh, Harnath Singh, Umrao Singh and others came on the spot armed with lathis, pharsis, jelis etc. , and they began beating Imrat Singh and his party. Kishan Singh also came there and he tried to stop the fight but the accused persons and their companions took no notice of his request and began to belabour him with lathis. He received two injuries, one on his head and the other on his wrist. As a result of the head injury, he died on the spot. First information report was lodged at the Police Station, Naraina. The next morning at about 10 A. M. by one Ramchandra Singh. The police after completing investigation challaned 11 persons, all of whom were committed to the court of Sessions by the Magistrate.