DARSHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) his appeal is directed against the order dated 3/07/1989, passed by the Addl. Sessions Judge (No. I), Sriganganagar, Camp at Karanpur, by which he convicted all the four accused persons of offence punishable under Section 302/34 of the Indian Penal Code and sentenced each of them to imprisonment for life and a fine of Rs. 500.00. In default, six months' rigorous imprisonment.

(2.) The prosecution story, stated in brief, is that the deceased Kartar Singh accompanied by his son Mohan Singh and neigbour Nand Ram, at about 3.00 p.m. went to the field of his deceased brother Guljar Singh which w as in occupation of the widow of Guljar Singh, Smt. Dalip Kaur, her sons who are minors and daughters who are married. It is alleged by the prosecution that Kartar Singh went to Dalip Kaur as he knew that her sons-in-law are with her and he suspected them of writing a false and defamatory letter about Kartar Singh's daughters. The letter, it is alleged, branded his daughters as prostitutes. On reaching the hut of Dalip Kaur, he asked the accused, i.e. Darshan Singh, Amrik Singh, and Vajir Singh as to why they are defaming his (Kartar Singh's) daughters. On which, Darshan Singh took his gun by the barrel and tried to hit Kartar Singh. But Kartar Singh caught hold of the gun at its butt. On this, Rano, w/o Darshan Singh, lifted a piece of wood and hit Kartar Singh on the head, as a result of which Kartar Singh fell on the ground and the gun held by him was released. Darshan Singh took gun by its barrel and hit two blows on the back of the deceased Kartar Singh by butt, as a result of which the butt of the gun broke. It is then alleged that Darshan Singh thereafter, lifted a Knife (kassi) and hit Kartar Singh on the head by that 'kassi'. In the meantime, Vajir Singh, accused, went into the hut, brought a 'gandasi' and hit Kartar Singh with 'gandasi' and Amrik Singh took up a 'Kasiya' and hit Kartar Singh with that, as a result of which about 16 injuries were received by Kartar Singh and he died on the spot. First Information Report of this occurrence was lodged by his son Mohan Singh. After Investigation, the accused were charge-sheeted.

(3.) The prosecution examined 8 witnesses and the defence examined one witness. On total appreciation of the oral and documentary evidence on record, the learned Additional Sessions Judge, came to the conclusion that all the accused persons are guilty of the offence punishable u/S. 304/34 of the Indian Penal Code and, therefore, proceeded to convict them as aforesaid.