TARANSINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment of the learned AddI. Sessions Judge No.1, Hanumangarh dated 15-3-1991 whereby the learned AddI. Sessions Judge has held the accused-appellants Taransingh and Mahanga Singh guilty of the offences under Ss. 302 I.P.C. and 27 of the Arms Act; and 302/34 I.P.C. respectively and has sentenced them to rigorous imprisonment for life together with a fine of Rs. 200/- each, in default of payment of fine to undergo one months rigorous imprisonment for the offences under Ss. 302 and 302/34 I.P.C. respectively. The accused-appellant Taransingh has also been sentenced to rigorous imprisonment for two years for the offence under S. 27 of the Arms Act.

(2.) The learned Judicial Magistrate No.1, Hanumangarh vide his order dated 19-9-1988 committed the accused-appellants Taransingh and Mahangasingh and 13 other co-accused to stand trial before the court of learned AddI. Sessions Judge No.1, Hanumangarh for the offences under Ss. 302, 302/149 and 148 I.P.C. and 5. 27 of the Arms Act. It is alleged that Panchayat elections took place on 5-6-1988 in village T.B. and in those elections, Rajendrasingh, Sahibsingh and Mohansingh contested the election for the office of Sarpanch. Rajendrasingh was duly elected as Sarpanch of Village T.B.

(3.) It is alleged that P.W. 1 Vijaypal, his maternal uncle Jainarain, P.W. 2 Dayaram and deceased Mohansingh supported the candidature of Sahibsingh. Surrendrasingh supported Rajendrasingh. Accused Taransingh is the brother-in-law of Mohansingh, who contested the election for the office of sarpanch of Village T.B. Accused Mahangasingh is the son of Mohansingh. Those elections created bad blood between the accused-party on the one hand and Mohansingh, Surendrasingh, Mahaveersingh, Vijaypal and Dayaram on the other hand.