MOHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The controversy involved in the present appeal is in a very narrow compass. All that needs to be determined is as to whether it was an outcome of sudden fight that Nangu lost his life in the occurrence that took place on 16.6.1999 or preceding this fight, there was an altercation and it was a sudden affair in which whereas others sustained injuries, Nangu lost his life.

(2.) The only question, as framed above, emanates from the facts which reveal that Nangu died in an occurrence that had taken place on 16.6.1999. With regard to the incident aforesaid, First Information Report was lodged by Jagdish (PW3) on the same very day at 10:00 AM. In the occurrence leading to death of Nangu, Amar Singh (PW7), Ram Singh (PW4) and Ram Charan (PW1) were also injured.

(3.) Dr. Prithvi Ram Meena, PW2 stated that on 16.6.1999 he had medico legally examined Ram Charan s/o Mangla and found two injuries on his person, duration whereof was 6 hours. He had also medico legally examined Amar Singh S/o Ram Charan and found 6 injuries which were of duration of 6-12 hours. He conducted post-mortem on the dead body of Nangu and found three injuries on his dead body. On that very day, Dr. Prithvi Ram Meena (PW2) examined Jagan and Sohan Singh accused who have since been acquitted. He found five injuries on the person of Jagan and three injuries on the person of Sohan Singh. Injuries No. 1 and 2 on the person of Sohan Singh were found to be grievous. It requires to be mentioned at this stage that the appellant Mohan Singh was tried with his co-accused Sohan Singh, Jagan, Samay Singh and Shiv Charan. The co-accused of the appellant, named above, have since been acquitted.