SARDAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant, Sardar Singh, has filed this appeal against his conviction under section - 302 I.P.C. recorded by the learned Sessions Judge, Sikar, vide judgment dated, Aug. 30, 1982, in Sessions Case No. 41/81, whereby the learned Judge sentenced him to imprisonment for life and to pay a fine of Rs. 1,000.00. In default of payment of fine, he was further awarded six months' rigorous imprisonment. The rest of the 14 accused were acquitted of all the charges.

(2.) In brief, the facts of the case are that one Baru Singh lodged a report at Police Station, Neem ka Thaisa at 7.15 p.m. on 8th Aug., 1981 for an incident which had taken place at 3 or 4 p.m. on the same day. It was alleged in the said report that a Panchayat was called at the residence of Baru Singh by Mai Singh, Prem Singh, Amar Singh and others to resolve a land dispute between the relations at 3 or 4 p.m, When the Panchayat was going on, there was exchange of hot words between Banne Singh and Sardar Singh, on which, Banne Singh walked out of the Panchayat. He was followed by all Die 15 accused persons and they assaulted Banne Singh. It was also stated that Banne Singh became un-conscious on account of head injuries and he was taken to hospital for his treatment. The F.I.R. is Ex.P. 1. On this report (Ex.P. 1), crime No. 120/81 was registered initially under section 307 I.P.C. and other minor offences, but, subsequently, Sec. 302 I.P.C. was added after the death of Banne Singh The post-mortem of Banne Singh was performed by Dr. M.P. Jain, Medical Jurist, Sri Kalyan Hospital, Sikar. He found following injuries on his body:

(3.) After completion of investigation, the Police submitted a charge-sheet against 15 accused persons including the appellant, Sardar Singh. The learned trial court acquitted the other 14 accused persons, but convicted and sentenced the appellant under section 3021.P.C. holding that he was the author of the head injury which caused death of Banne Singh.