RAM SINGH Vs. STATE

JUDGEMENT

(1.) The accused appellant Ram Singh has filed this appeal against the judgment of the learned Addl. Sessions Judge, Dholpur dated 6th July, 1971, whereby Ram Singh has been convicted under Section 302, read with Section 34, I.P.C., and sentenced to undergo imprisonment for life,

(2.) The prosecution story, in brief, is that on 22nd September, 1970 Sumera bad gone to his field known as Pokharwala Khet to fetch grass for his cattle. He was returning from the field with a load of grass at about 12, noon. He was accompanied by his son Raj Bahadur, aged 7 years, and his elder brother Laxman PW. 1 was following him When Sumera reached near the well, known as Pokharwala Khet, Nathi, Ram Singh, Chhitaria and Phaguni rounded him. Ram Singh was armed with spear (sal), and the other accused were armed with lathis. These four persons assaulted Sumera saying that today is a good occasion for finishing Sumera. Sumera having received a lathi-blow on his right leg by Nathi ran into the field of Jwala where the. crops of Bajara were sanding All these four persons followed him there, and assaulted him. Sumera fell down. Ram Singh assaulted Sumera on the left leg by the spear causing fracture of the tibia bone. Another assault by the spear was done on his left arm. Phaguni and Chhitaria gave him lathi blows on the back bead and other parts of the body. Nathi asked his accomplices to catch hold of Raj Bahadur and to give him a good thrashing so that he may got go and tell the village people. Laxman, the elder brother of Sumera raised a cry. He was also beaten by these persons Ramji, came and having seen ali this, he ran to the village and informed the other villagers, Mst. Chameli wife of Sumera and Mst. Harbbeji, daughter of Sumera and other villagers, Ram Gopal, Jwala etc. came to the site. Mst. Chameli enquired from Sumera as to who had beaten him. Sumera told her that Ram Singh, Nathi, Chhitra and Phaguni had beaten him. Having said so, Sumera became unconscious and died after half an hour.

(3.) The dead body of Sumera was taken to the village by the villagers, and First Information Report was lodged by Laxman PW. 1 at the Police Station, Bari. After necessary investigation, the police challaned the accused Ram Singh under Section 302, I.P.C.. The other three accused persons, viz. Chhitaria Phaguni and Nathi were not apprehended, and are still at large.