RAMVEER SINGH Vs. STATE

JUDGEMENT

(1.) THE appellants Ramveer Singh and Deewan have preferred this joint appeal against their conviction and sentences under Section 302 to imprisonment for life and a fine of Rs. 200/- each, passed by the learned Additional Sessions Judge, Dholpur, in Sessions Case No. 105/1988.

(2.) INITIALLY, ten accused persons were charge-sheeted and prosecuted for the offence under Section 149, 302, 302/49 and 323/149 I. P. C. The learned Additional Sessions Judge vide his impugned judgment convicted and sentenced the appellants as stated above but acquitted all other co-accused from all the charges levelled against them.

(3.) THE learned counsel strenuously contended that the incident took place without pre meditation. THEre was no immediate motive to commit murder of the deceased Anek Singh and even if the prosecution case is accepted that 2-3 months prior to the incident Anek Singh deceased had given evidence in the police, against the accused appellants for cutting a tree, the said motive was not so grave so that the appellants could have the intention to commit murder. It was also argued that two of the accused persons were having country made pistols to commit murder of the deceased or his son Sudhar Singh, who was also there. Counsel further submitted that as per the facts there were ten persons as assailants and the total number of injuries sustained by the deceased were five. This goes to show that there was no intention to commit murder. In the sequence, it was contended that as per the prosecution case, the accused appellants inflicted only one blow with a lathi, without repetition. Lastly, it was contended that prior to the actual incident of assault, there was exchange of abuses, of some time between the members of the complainant party and the accused persons.