DOONGER SINGH AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) PREM Singh husband of Maina (P.W.1), as per prosecution was murdered on the night of 24.5.2003 at about 10:00 PM. The case of the prosecution is that Laxman Singh and his brother Doonger Singh had committed the murder of Prem Singh by throttling.

(2.) THE court of Additional Sessions Judge, Kekri, District Ajmer vide impugned judgment dated 26.3.2004 held the appellant Laxman Singh guilty of offence under Section 302 IPC and the appellant Doonger Singh guilty of offence under Section 302/34 IPC. Section 34 IPC has been applied, because it is the case of the prosecution that Laxman Singh had throttled the neck and at that time, Doonger Singh was standing there armed with a stick. Having convicted the appellants for the aforesaid offences, the trial court vide a separate order of even date, sentenced them as under: - -

(3.) AS per opinion of the Medical Board, the cause of death was asphyxia as a result of throttling. It was ante mortem in nature and sufficient to cause death in the ordinary course of nature.