BHANSINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the Judgment of the learned Sessions Judge Sirohi dated 7-8-1984 whereby the learned Sessions Judge has held the accused-appellants Bhansingh, Jaisingh and Chhailsingh guilty of the offence under Ss. 302/34, I.P.C. and has sentenced them to rigor ous imprisonment for life together with a fine of Rs. 500.00 and in default to payment of fine, to further undergo rigorous imprisonment for six months.

(2.) The facts necessary to be noticed, for the disposal of this appeal briefly stated are : that Vihansingh, Mangalsingh, Jawaharsingh. Modsingh and Devisingh are the real brothers. Vishansingh is from the first wife of Savsingh whereas Mangalsingh, Jawaharsingh, Modsingh and Devisingh are from the second wife of Savsingh. The accused-appell ants Bhansingh, Jaisingh and Chhailsingh are the sons of Vishansingh. It is alleged that there was a dispute about land between Vishansingh and his sons on the one side and Mangalsingh, Jawaharsingh Modsingh and Devisingh on the other side. Ransingh was the real uncle of Vishansingh, Mangalsingh, Jawaharsingh, Modsingh and Devisingh. Ramsingh and Jawaharsingh did not marry and Mangalsingh had no son and, therefore, he adopted Dalpatsingh as his son. Dalpatsingh was the son of Modsingh.

(3.) It is alleged that about a month before the incident, a fight took place between the accused appellants Bhansingh, Jaisingh and Chhailsingh on the one side and Mangalsingh and his brothers and his other brothers except Vishansingh on the other side. A Panchayat took place at the house of Aamji. It is further alleged that the accused appellants threatened that either they will have to give their heads or they will have to take the heads of com plainant party, if 1/3rd share in the crop and land is not given to them. The complainant party refused to give 1/3rd share in the land and crop but it was suggested to them to take 1/5th share in the land and the crop.