MOHABBAT SINGH & ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Appeal has been filed by accused-appellants, (1) Mohabbat Singh, (2) Chhagan Singh, and (3) Khet Singh, all by caste Rawna Rajpoot, residents of Village-Odd, District-Sirohi (Rajasthan) against the Judgment dated 28.4.2005 of the Court of Additional Sessions Judge (Fast Track) No. 1, Sirohi in Sessions Case No. 2/2005 (44/2004) by which that Court had convicted and sentenced the accused-appellants as follows :-

(2.) Brief facts of the case are to the effect that Shaitan Singh was returning in a car with his distant cousin Hanuman Singh at 9.30 A.M. on 12.11.2004 to his village and when they reached bus stand Odd, then they met Mohabbat Singh who started badly abusing to Hanuman Singh and then accused Chhagan Singh and accused Khet Singh caught hold of Hanuman Singh from back side and then Khet Singh told Mohabbat Singh (ekj lkys dks vius ihNs iM+ x;k gS) then Mohabbat Singh picked out a knife from his pocket and stabbed repeatedly in the left side of stomach of Hanuman Singh. Hanuman Singh died before reaching District Hospital, Sirohi because at village Javal and at village Barloot, no medical facility was available.

(3.) The arguments of the accused-appellants are as follows :