HAROO SINGH & ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants Haroo Singh and Ladka Singh @ Gurdeep Singh were indicted before the learned Sessions Judge, Alwar in Sessions Case No. 26/1995 for having committed Judge, found them guilty under Section 302 read with Section 34 IPC and sentenced each of them to undergo imprisonment for life. Against the aforesaid judgment that the present action for filing the instant appeal has been resorted to by the appellants.

(2.) The prosecution case as unfolded during the trial is that Sunder Singh, RW. 7 verbally informed Police Station, Ramgarh on June 29, 1995 around 11.45 p.m. that the appellants namely; Haroo Singh and Ladka Singh @ Gurdeep Singh struck blows with lathies on the head of his son Deewan Singh. Deewan Singh and he was admitted to the Hospital. Police Station, Ramgarh, registered the first information report No. 22/1995 under Sections 341, 323 and 307 IPC and the investigation commenced. After the death of Deewan Singh on January 30, 1995 the case was converted in to Section 302 Indian Penal Code In the course of investigation necessary memos in regard to site plan, inquest report, arrest of the appellants, recovery' of weapons, etc. were drawn. Autopsy on the dead body was conducted and the statements of witnesses under Section 161 were recorded. On conclusion of investigation charge- sheet was Lald and in the due course case came up for trial before the learned Sessions Judge, Alwar. Charges under Section 302 read with Section 34 IPC were framed. The appellants denied the charges and claimed trial. The prosecution examined as many as ten witnesses in support of its case and got exhibited thirteen documents. In the statements recorded under Section 313 Cr.P.C. the appellants claimed innocence. No evidence however, in the defence was examined. The learned trial court on hearing the final submissions, convicted and sentenced the appellants as indicated herein above.

(3.) We have heard Mr. V.R. Bajwa, learned counsel for the appellants and Mr. S.S. Rathore, learned PR for the State and carefully scrutinised the material on record.