HARI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals (one bearing No. 02/88 filed by Hari Singh and another, bearing No. 25/88 filed by Kitab Singh) arc directed against the judgment of learned Addl. Sessions Judge, Nohar dated 12-10-1987 whereby the learned Addl. Sessions Judge has held the accused appellants Hari Singh and Kitab Singh guilty of the offence under Sec. 302 read with 120-B Penal Code and 302 read with 34 IPC. Accused Bhagirath was held guilty of the offence under Sec. 302 read with 120-B Penal Code but he has expired. The appeal filed by him has, therefore, abated.

(2.) The facts necessary to be noticed for the disposal of this appeal briefly stated are that in the night intervening between 2nd and 3rd June, 1986 deceased Jaideo along with PW 1 Hari Singh, his uncle and PW 2 Dilip Singh were sleeping on the roof of the house of Mani Ram who happens to be father of the deceased Jaideo. It is alleged that Mani Ram was sleeping in guwadi. Be that as it may it has been alleged that at about 12 or 1.00 AM in the night when it rained and there was storm, they shifted to the 'Chobara' a room constructed on the roof. It is alleged that Hari Singh is real younger brother of Mani Ram. His house is just adjacent to the house of Mani Ram. He is a married person, but at that time his wife has gone to her father's house and, therefore, keeping in view the danger to the life of Jaideo, at the request of Mani Ram, these two persons were sleeping on the roof with Jaideo.

(3.) It is alleged that before about 2 or 21/2 years of this incident, two accused persons i.e. Bhagirath (now deceased) and Hari Singh accused tried to molest the sister of the complainant Hari Singh and Mani Ram named as 'Guddi' and, therefore, the case was registered against them for this offence. The accused persons lodged the cross FIR in which they alleged that they have been beaten by Mani Ram and Hari Singh etc. and have been confined in a house against their will. These two cross cases were pending in the Court of learned Munsif and Judicial Magistrate, Bhadra.