GURDEO SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is preferred against the judgement dated 15-12-1987 passed by the learned Additional Sessions Judge, Raisinghnagar in Sessions Case No. 32 of 1987, by which, he found the appellant Gurdeo Singh guilty for the offence under Section 302, I.P.C. and appellants Panchhi alias Balbir Singh and Labh Singh under Section 302 read with Section 34, I.P.C. and sentenced each of them for life imprisonment and a fine of Rs. 1,000/- to each appellants, in default of payment of fine to further undergo one year's R. I.

(2.) According to the prosecution story, it is alleged that on 10-9-86 at about 5.30 p.m., the brother of first informant School Master Malkiyat Singh after coming from the School, was standing ahead of his house near 'Khala' (water-course), where accused-appellant Gurdeo Singh s/o Jhanda Singh and his two sons viz. Panchhi alias Balbir Singh and Labh Singh suddenly came and immediately after their arrival, Panchhi alias Balbir Singh and Labh Singh caught hold of both the hands of Malkiyat Singh and exhorted their father to beat him. Upon Exhortation of Panchhi alias Balbir Singh and Labh Singh, Gurdeo Singh, who was carrying a 'Kassia' (Phawra i.e. an agricultural equipment used for irrigational purposes) gave a blow of 'Kassia' on the neck of Malkiyat Singh, on account of which, he fell down and instantaneously died. According to first informant Ranjeet Singh, the occurrence was seen by him, by his brother Lal Singh and by his uncle's son Shravan Singh, who were sitting in front of their house and came running to rescue Malkiyat Singh. According to the prosecution, by that time, the accused-appellants alleged to have run away from the scene of occurrence.

(3.) On the basis of the said written report by the first informant Ranjeet Singh Ex. P/1, a formal F.I.R. Ex. P/2 was drawn at the Police Station, Raisinghnagar under Section 302/34, I.P.C. on the same day at 7.20 p.m. and investigation commenced.