VED PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS Criminal Appeal under Section 374 Cr. P. C. arises out of the judgment and order dated 21. 1. 1998 passed by the learned Sessions Judge, Dholpur, thereby convicting the accused appellants for offence under Section 302/34 IPC and sentencing reach of them to undergo imprisonment for life with a fine of Rs. 2000/-, in default thereof, each to undergo rigorous imprisonment for one year.

(2.) THE prosecution story unfolded during trial is that on 6. 3. 96 at 10. 30 PM, PW 2 Sarwan submitted a written report at Police Station, Sadar, Dholpur, stating therein that on the day of incident he had gone to some Sadhu Baba. At about 6. 30/7. 00 PM, one Hari Singh S/o Badan Singh of his village same to him and informed that some body has murdered his father Karan Singh at mustard field where he had gone to harvest mustard crop. He further informed that he came to his house and on enquiry, his wife Mahadevi informed that at the dusk of the day when she had gone to the field to call her father-in-law, she saw Ved Prakash, Dhola and Munshi running from the side of her field. THE complainant alleged that some long standing dispute as regards partition of land was going on between the parties and therefore, he doubted at the accused to have committed murder of his father. It was alleged that dead body of Karan Singh was lying at the field.

(3.) WE have heard learned counsel for the accused appellants and the learned Public Prosecutor and have gone through the judgment under appeal and the evidence on record.