KHEM CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is preferred against the judgment of Additional Sessions Judge, Deeg dated 16 -4 -1985 whereby he convicted the appellant under Section 302 IPC and sentenced him to life imprisonment and a fine of Rs. 500/ -, in default of payment of fine, to further undergo 6 months' imprisonment.

(2.) THE prosecutiou case is that on 12 -6 -1984 at 8.45 a.m. Mohansingh lodged a report at police section Sikri alleging that today at 7 -7.30 a.m. Khem Chand, Laxmi Mst. Kampo, Munni, Harikishan Sukhdeo and Phool Chand came to the 'Nohra' of the complainant in a Tractor and they started filling the manure which was lying in the Get. It is alleged that this manure belongs to the complainant and he obstructed the accused persons. Khem Chand spoke that it belongs to them and they will take it away. Khem Chand then asked his companions to beat him. Phool Chand took out 'Ballum' from the Troly, Khem Chand took out axe and other accused persons took out lathies. Phool Chand inflicted 3 Ballum blows on the head of Mohan Singh. Hearing the cry of Mohan Singh his brothers Kalu, Madan and his uncle Jhhabdu and mother came to rescue him but all were beaten up the accused persons. Khem Chand inflicted axe blow on the head of Chhabdu. After beating them the accused persons went away. Mohan Singh came to Police Station, Sikri and lodged the report at 8.45 a.m. The police registered the case Under Sections 147, 148, 307, 325, 324, 323/149 IPC. On 13 -6 -1984 Jhhabdu died in the hospital and the case was converted into 302 IPC. After completing the investigation the police submitted challan against 7 accused persons in the court of A.M.J.M., Deeg who committed all the 7 accused persons to the court of Addl. Sessions Judge, Deeg.

(3.) THE prosecution examined 9 witnesses to prove its case. The accused persons also examined 5 witnesses in their defence. The contention of the accused is that the manure belongs to them that they were bringing that manure when the complainant party came and bet them. They also received injuries.