SAWAI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) APPELLANTS Sawai Singh and Hari Singh were convicted by the learned Sessions Judge, Jhunjhunu by his order dated 14.2.1976 in Sessions case No. 23 of 1975 and Sawai Singh appellant was sentenced to undergo four years rigorous imprisonment under Section 307 IPC while the appellant Hari Singh was sentenced to undergo one year's rigorous imprisonment under Section 325 IPC. As both these appeals arise out of the same judgment given in connection with one case, I proceed to decide both of these appeals by this single judgment.

(2.) THE case of the prosecution is that on March 27, 1975 at about 8:00 a.m. in village (sic) the appellants and other two accused Mool Singh and Devi Singh, with the common intention to murder Nathu Singh, caused him injustices by sword and lathies and also caused simple and grievous injuries to Jagmal Singh in furtherance of the common intention to cause him such injuries. It is said that Jagmal Singh made an enquiry from the accused about the theft of a radio and a sum of Rs. 500/ - at which the accused got enraged and attacked Jagmal Singh, Nathu Singh tried to intervene and he was also attacked with sword and lathies.

(3.) AFTER trial the learned Sessions Judge, convicted the appellants as mentioned above Devi Singh was convicted under Section 323 IPC and was sentenced to pay a fine of Rs. 500/ - and in default of payment of fine to undergo simple imprisonment for a period of three months Mool Singh was given the benefit of doubt and was acquitted. Aggrieved by this conviction and sentence appellants Sawai Singh and Hari Singh have preferred this appeal.