MUKHTIAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The learned Additional Sessions Judge No. 1, Hanumangarh camp Sangariya by his order dated 8.12.1989 convicted the accused-appellant Mukhtiar Singh for the offence under S. 302 Penal Code and accused-appellants Sardulsingh and Sukhdeo Singh for the offence under S. 302/34 Penal Code and sentenced them to imprisonment for life together with a fine of Rs. 100.00 and in default to payment of fine, to undergo one month's simple imprisonment. He further convicted the accused-appellants Sardulsingh and Sukhdeo Singh for the offences under Sections 326 and 324 Penal Code respectively and sentenced accused appellant Sardulsingh to rigorous imprisonment for 6 months together with a fine of Rs. 100.00 and in default of payment of fine, to undergo one month's simple imprisonment for the offence under S. 326 accused appellant Sukhdeo Singh to undergo rigorous imprisonment for three months together with a fine of Rs. 100.00 and in default of payment of fine, to undergo one month's simple imprisonment for the offence under S. 324 IPC.

(2.) The prosecution case, briefly stated, is that on 1.9.1987 at about 8.00 PM, deceased Mahendrasingh, P.W. 7 Shyamsingh and P.W. 6 Mst. Balwant Kaur were sitting in their house situated at village Haripura, Tehsil Sangariya, District Sriganganagar. The accused-persons also live near the house of Shyamsingh and Mahendrasingh. On that night, all the three accused armed with a spear and Gandasa came in front of the house of Shyamsingh and started abusing the latter and his family members. Shyamsingh came out followed by his son Mahendrasingh. As soon as Mahendra Singh came out, Sardulsingh and Sukhdeosingh told their father Mukhtiarsingh not to spare Mahendrasingh. Thereupon, Mukhtiarsingh immediately plunged his spear into the abdomen of Mahendrasingh and Sukhdeo Singh deal Gandasi blow on the waist of Mahendrasingh. Mahendrasingh fell down as a result of the above injuries and died instantaneously. When Shyamsingh proceeded to intervene, Sukhdeosingh dealt a Gandasi blow on his head and Sardul Singh inflicted an injury on his Patella with the spear. Shyamsingh also fell down. The spear plunged by accused Mukhtiar singh into the abdoment of Mahendrasingh could not be severed and its Phal (iron portion) got entangled into the abdomen and got served from the wooden stick. The witnesses Mahendrasingh and Jhhagarasingh came to the place of the occurrence. PW. 6 Mst. Balwant Kaur also came out followed by Mahendrasingh. She also saw part of the occurrence.

(3.) Since Shyamsingh was seriously injured, he first went to the Govt. Hospital, Sangariya for treatment and remained there for the night. Next day morning, he set out to the police station and after reaching there, lodged the FIR Ex.R 19 at Police Station, Sangariya at 8.10 AM.