HAVA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Instant Criminal Appeal has been preferred under Sec. 374(2) of IPC against the impugned judgment dtd. 30/9/1991 passed by the learned Additional Sessions Judge, Nohar in Sessions Case No. 25/90. Vide judgment dtd. 30/9/1991, the appellants have been convicted and sentenced as under:-

(2.) The present appeal arises out of the incident which happened on 2/6/1990 at Suratpura, Tehsil Bhadra, District Hanumangarh. An FIR No. 93/89 was registered under Sec. 341 and 323 read with Sec. 34 of IPC against the appellants. In the incident, Kewal Ram sustained injuries and during treatment, he succumbed to the injuries sustained in the incident and therefore, Sec. 302 of IPC was also added. The charge sheet in the case was filed and the trial court after undertaking the trial proceedings, convicted the appellants for the aforesaid offences. Against the order dtd. 30/9/1991 passed by the trial court, the present appeal has been filed by the appellants.

(3.) Learned counsel for the appellants submits that in view of the testimony of PW-3 Nathu Ram, fatal injuries to the deceased Kewal Ram was inflicted by Mohar Singh and Balveer and the learned trial court had convicted Balveer for the offence under Sec. 323 only, and thus the learned trial court committed an error while convicting the appellants under Sec. 304 part II. He further submits that no injury was caused by Hava Singh to the deceased as in the statement of PW-3 Nathu Ram, who is an eye witness, it has come on record that Hava Singh caused injuries to PW-3 Nathu Ram and therefore, the learned trial court committed an error while convicting the appellant Hava Singh under 304 part II vide judgment dtd. 30/9/1991.