UMMED SINGH S/O HAR PHOOL, BY CASTE JAT, R/O DHANI NETRAM, VILLAGE JAKHOD, DISTT. JHUNJHUNU Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants stand convicted under Sec. 302/34 Penal Code to life imprisonment with fine and under Sec. 447 Penal Code to one month's rigorous imprisonment by the Sessions Judge, Jhunjhunu dated 14.5.1984 in Sessions Trial No.51/1983.

(2.) PW-1, Raghuveer, brother of the deceased Desram lodged a police report on 20.8.1983 that the previous night his brother after dinner had left for the fields to protect the crops. His younger brother PW-2, Mahendra Singh while returning home about 10:00 pm heard commotion near the fields and the saw the two Appellants running away towards the western side. The witness and his brother returned to the fields and saw the deceased lying in the fields with head injuries. The Appellants had killed his brother because of a land dispute. Formal FIR Exhibit-P/1 was registered on the basis of the same.

(3.) The postmortem of the deceased Exhibit-P/13 was conducted by PW-5, Dr. Mahaveer Singh on 20.8.1983 who found a lacerated wound 9"x2" on the right side of head extending from frontal region to Occipital region with brain matter and bone pieces coming out. Another lacerated wound was found on right cheek between lips and mandible. Three incised wounds were found bone deep on right cheek 1" 1", another incised wound was found 1 " " upto brain just above right ear and another incised wound 3"x " upto bone deep on right mandible region. A punctured wound was found near the left ear. Death was opined due to head injury.