GURUDEV SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These three appeals, one by appellant Gurdev Singh in representative capacity, another by Sajjan Singh and Mangi alias Man Singh through, Superintendent, District Jail, Alwar and yet another by appellant Mangi alias Man Singh in representative capacity arise out of the judgment and order dated 28-4-2000 passed by the Additional Sessions Judge, Kishangarh-bas, district-Alwar. Since all these appeals arise out of one and the same judgment dated 28-4-2000 in same Sessions Case No. 56/88, they are being disposed of by this common judgment.

(2.) Succinctly stated the facts of the prosecution case are that on 13-3-1998 at 6-30 AM, P.W. 2 Nahar Singh lodged a report Ex. P2 at Police Station, Tijara with regard to an incident happened at 8 p.m. on 12-3-98 a day prior to the lodging of the report. As per the report, P.W. 2 Nahar Singh and Jai Singh Jat had gone to village Sahabad for purchasing buffalow on 12-3-98 at 8 p.m. The purchase was to be made by Jai Singh. Both reached the house of Harbansh Raisikh, where Gurdev Singh, Sajjan Singh and Mangi alias Man Singh were present and when they talked to Gurudev Singh, he demanded Rs. 7000.00 as sale price of she buffalow. Ultimately, the transaction settled at Rs. 5000.00 and on making demand for payment of money, when Jai Singh told that he will make the payment, some altercation took place and all the three (appellants) started beating Jai Singh and as a result thereof, the complainant and Jai Singh started running. However, the accused chased them, made Jai Singh to fall and Gurudev Singh first hit stone on his head. Thereafter, Sajjan Singh picked the same stone and hit Jai Singh. Accused Mangi also hit stone and (on his) leg while Jai Singh was lying on the ground. The complainant having felt endanger to his life, ran away and Jai Singh died on the spot. The complainant somehow reached the village and informed the father of Jai Singh.

(3.) On the basis of above report, police registered a case for offence under S. 302/34, IPC against the accused-appellants vide FIR, Ex. P3 and proceeded with investigation.