LAL SINGH & ORS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Appellants were convicted under Sec. 304 (1), IPC by learned Sessions Judge, Balotra and sentenced to 5 years' simple imprisonment with a fine of Rs. 500/- each. The learned Sessions Judge, in default of fine, passed a sentence of tour months simple imprisonment against each of them. It is against this conviction and sentence that this appeal was preferred from Jail by the appellants. They were granted bail by order dated 11.4.1982 in S.B. Cr. Misc. Bail Application No. 264/82. I have heard learned Amicus Curiae for the accused appellants as well as learned Public Prosecutor.

(2.) Relevant facts are that on 25.6.1979 Mehar Singh submitted a written report to SHO, Shiv to the effect that his brother Khet Singh had gone to the fields in order to look after the hut which was constructed there. He was asleep. In the night intervening 24th and 25th June, 1979 Khet Singh made a hue and cry. Complainant Mehar Singh and his wife were sleeping in his 'dhani' which is situated about 16 'panwdas' (steps) away from the hut. On hearing cries of Khet Singh, Mehar Singh went towards the hut and from about 10 'panwdas' he saw that the appellants as well as their colleagues were beating Khet Singh. Mehar Singh requested them not to do so but he was threatened. After some time appellants and their colleagues put Khet Singh on a cot and took him away towards their house. When Mehar Singh chased them, he was threatened that he would be killed. Then Mehar Singh returned to his house and informed his mother, wife and sister. Sura was called. He went with Sura to 'dhani' of the appellants and their colleagues. By that time Khet Singh had succumbed to injuries. He alongwith Sura went to Bhiyan on a camel and thereafter came to Shiv and reported the matter to Police. A case under Sec. 302, IPC was registered and after investigation, challan was presented against the appellants as well as Khangar Singh, Shaitan Singh, Prabhu Singh and Kishan Singh. All of them were put to trial. Learned Sessions Judge acquitted Khangar Singh, Shaitan Singh, Prabhu Singh and Kishan Singh but convicted and sentenced appellants Lal Singh and Laxman Singh as stated above.

(3.) Learned counsel for the appellants submitted that no case under Sec. 304 Part I, IPC is made out against the appellants. In the alternative, he submitted that the case does not travel beyond Sec. 323, IPC in view of medical evidence of PW. 1 Shyam Lal Jangid. For this purpose, he relied upon Shyamji vs. State, 1993 CrLJ 2458 and Gopa Ram & Ors. vs. State, (D.B. Cr. Appeal No. 64/78 decided on 26th April, 1996) as well as of Doonga Ram vs. State of Raj., (D.B. Cr. Appeal No. 653/81 decided on 18th July, 1996). On the other hand, learned P.P. has supported the conviction under Sec. 304 Part I, IPC.