JAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) MEDDLING with the water course followed by a wrangle resulted in death of Net Ram. The appellants Jai Singh and Brahmanand along with their brothers Chet Ram and father Harphool were indicated for having committed murder of Net Ram before the learned Additional Sessions Judge No. 3 Alwar who vide judgment dated January 20, 1998 did not find the charges proved against Harphool and Chet Ram and acquitted them. However appellants Jai Singh and Brahmanand were found guilty, convicted and sentenced as under: 1. Brahmanand : Under Section 302 IPc to suffer imprisonment for life and fine of Rs. 1000/- in default further suffer six months S. I. 2. Jai Singh : Under Section 302/34 IPc to suffer imprisonment for life and fine of Rs. 1000/- in default further suffer six months S. I.

(2.) THE prosecution case giving rise to this appeal in nutshell is that the informant Ram Kishore (PW. 3) submitted written report (Ex. P. 5) to the SHO Police Station Malakhera on December 27, 1996 with the averments that around 8. 00 a. m. on the said day while Net Ram was watering his field, Brahmanand, Jai Singh, Chet Ram, and Harphool armed with spade, farsi and tabbal (sharp edged weapon) came over there and assaulted Netram. Brahmanand inflicted spade blow on his head, Jai Singh gave farsi blow on his foot and Chet Ram caused injuries by tabbal (a sharp edged weapon) on his hand and Harphool gave tabbal blow on his thigh. When Jagdish made attempt to intervene Brahmanand inflicted spade blow on his head and Jai Singh caused injuries on his finger. Jai Singh also gave farsi blow on the finger of Amar Chand. After finding Netram dead the accused fled away. THE Police Station Malakhera registered a case under Sections 323, 341, 447 and 307 IPC and investigation commenced. After the death of Netram the case was converted into one under section 302 IPC. On completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions No. 3. Alwar. Charges under sections 302, 302/34, 447, 323, and 341 IPC were framed against the appellants, who denied the charges and claimed trial. THE prosecution in support of its case examined as many as 20 witnesses. In the explanation under section 313 Cr. P. C. the appellants claimed innocence. Four witnesses were examined in defence. On hearing final submissions the learned trial judge convicted and sentenced the appellants as indicated above.

(3.) DR. Raj Kumar (PW. 20) conducted autopsy on the dead body of Net Ram vide Ex. P-31 and found three antimortem injuries on his person thus:- (i) Incised wound: 1" x 1/4" x bone deep on left parietal region. (ii) Incised wound: 2, 1/2" x 1" x bone deep on right knee. (iii) Incised wound: 1" x 1/6" on right leg. The death was caused due to fracture of skull bone, haemorrhage and shock.