REWAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal has been preferred under Sec. 374 Cr.P.C. by the accused-appellants Rewat Singh S/o Shri Shambu Singh, and Shrwan Singh @ Karan Singh S/o Shri Shambu singh against the judgment dtd. 16/12/1987 passed by the learned Additional District and Sessions Judge, Bhilwara, in Sessions Case No. 38/1987 arising out of FIR No.43/87 (Ex.P-17), whereby the accused-appellants stand convicted for the offence under Sec. 302/34 of the IPC and have sentenced them to undergo imprisonment for life with fine of Rs.100.00 each and in default of payment of fine to further to undergo simple imprisonment for one month.

(2.) As per prosecution story on 14/4/1987, the complainant-Ratan Singh, appeared at Police Station Kotdi and submitted a written report (Ex.P-1) stating therein that a dead body was lying at the house of Umrao kanwar at village Thaleda. He reported that while he was at his home, one Rupa Gurjar informed him about the incident. Upon reaching the place of occurrence, he inquired from Uda Ram S/o Sawai Ram Gujjar of Thaleda, who stated that they had seen Thakur Saheb Rewat Singh and his brother, Shrwan Singh, assaulting the deceased with sticks. The deceased was identified as Govardhan Singh, resident of Gadoli. The body was found lying at the house of Umrao kanwar.

(3.) On the basis of the above written complaint (Ex.P-1), a formal FIR No.43/87 was registered at Police Station Kotdi, Bhilwara against the accused-appellants for the offences under Ss. 302 and 452 IPC.