DUNGAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The instant appeal has been filed by the appellants being aggrieved of the judgment dated 25.5.1990 passed by the learned Additional Sessions Judge, Rajsamand in Sessions Case No.17/1989 whereby they were convicted for the offence under Section 325/34 I.P.C and sentenced as below :-

(3.) Briefly stated the facts of the case are that one Kesar Singh gave an oral report Ex.P/1 to the S.H.O., P.S. Delwara on 17.2.1989. It was alleged in the report that on the previous night at about 11 to 12 O' clock, the deceased Karan Singh was standing outside a chowk near his house and was imploring the family of accused Sultan Singh as to why they were attempting to assault Kesar Singh. On hearing this call of Karan Singh, it is alleged that accused Sultan Singh, Dungar Singh, Dalpat Singh, Nirbhay Singh and Amar Singh came out of their house and exhorted that Karan Singh was Kesar Singh's agent and both should be dealt with. Sultan Singh, Dungar Singh and Dalpat Singh were having lathies in their hands. Seeing the accused, Karan Singh and Kesar Singh went into the house of Kesar Singh and closed the door from inside. The accused persons starting throwing stones on the door and also set fire to it.