NATHU SINGH AND ANR Vs. STATE OF RAJASTHAN.

JUDGEMENT

(1.) 1.The appellants Nathu Singh and Raghuraj Singh have filed this joint appeal against the judgment dated July 11, 1980 of Additional District & Sessions Judge No.l, Baran in Sessions Case No. 13/79, whereby, they were convicted under Sec. 302 read with Sec. 34 Indian Penal Code and sentenced to undergo imprisonment for life and to pay a fine of Rs. 100.00. In default of payment of fine each one of the appellants was awarded to further undergo rigorous imprisonment for a period of two months each.

(2.) At the outset it may be stated that the learned counsel for the appellants did not challenge the finding of the learned Trial Judge that each one of the appellant made gun fire causing an injury to Prithvi Raj, as such, we need not state the facts in detail. The main thrust of the argument of the learned counsel for the appellants is that the offence against the appellants does not travel beyond Sec. 324 and in any case Sec. 307 Indian Penal Code and they have already undergone imprisonment for 211/2 months.

(3.) In view of the aforesaid submissions made by the learned counsel for the appellants, we propose to give only few facts of the case, which are necessary for the decision of the appeal. For an incident, which is alleged to have taken place on 11.11.78 at 6.00 p.m. Crime No. 91/78 was registered at Police Station Mangrol District Kota at 7.00 a.m. on 12.11.78 on the oral report made by the injured Prithvi Raj (since deceased). In the report it was stated by him that their land bearing Khasra No. 18 measuring about 25 bighas is situated in village Nandgaonri, which was being cultivated by them. Gopal Singh and his associates wanted to forcibly occupied the said land. That Gopal Singh, Nathu Singh, Gordhan Singh and their 15-20 relatives came on the above field in the morning of 11.11.78 and they cut the 'Jawar' crop, which they wanted to take to village Nandgaonri in a tractor. That on the report of his brother-Sukhdeo the police came on the spot and after making investigation the police went towards Mangrol taking Gopal Singh with them. It was also stated by the informant that he, Ram-Kishan, Jagannath, Nathu-Dhakad had also gone on the field and after the police had gone, they were returning to their house, but, in the mean time the accused-Nathu Singh and Raghuraj Singh came out from the standing crop and each one of them made a gun fire causing injury to him on his thigh, while Ramesh, Jagannath and Nathu ran away. Injured-Prithvi Raj fell down on account of the injuries and in the early morning Ram Kishan and others came in search when they met him, and the incident was narrated to them and they have brought him in a bullock-cart for making the report. On this report police registered the crime under Sec. 307/34 Indian Penal Code. In the police proceedings, it is mentioned that two wounds were noticed on the right thigh of injured-Prithvi Raj. Prithvi Raj died on 22.11.78 and the postmortem of the dead-body was made by Dr. S.S. Bakshi, Medical Jurist, Maharav Bhim Singh Hospital, Kota on the same day. After the death of Prithvi Raj, the offence Under Sec. 302 was added and after investigation a charge-sheet was filed against both the appellants under Sec. 302 read with section 34 IPC. Ultimately, they were tried for the aforesaid charge in the court of learned Additional District & Sessions Judge No.l, Baran and were convicted and sentenced as indicated above.