MAMRAJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The case of the prosecution, in brief, is that on 31.07.1983 in the morning at around 07:00 A.M. in Village Dangarthal, nine persons, namely Kalyan Singh, his three sons viz., Mamraj Singh, Hanuman Singh and Pep Singh, and Chatar Singh, Guman Singh, Devi Singh, Pooran Singh and Mst. Ramsari constituted an unlawful assembly to restrain Kailash Singh from raising a doll (ridge) and, thus, committed an offence punishable under Sec. 148 of the Indian Penal Code.

(2.) It is further case of the prosecution that Mamraj Singh caused lathi injury on the head of Kailash Singh resulting into his death and, thus, Mamraj Singh was charged substantively for offence of murder punishable under Sec. 302 of the Indian Penal code, whereas other eight co-accused having shared common object of the assembly to commit murder were charged of offence punishable under Sec. 302 read with Sec. 149 of the Indian Penal Code.

(3.) It is further case of the prosecution that Mamraj Singh caused injuries on the eye of Man Singh (PW-7) and on the head of Omprakash (PW-1). The co-accused Kalyan Singh caused injury on the finger of Kanwarpal Singh (PW-6) and hand of Man Singh (PW-7). Devi Singh, accused also caused injury to Kanwarpal Singh. Guman Singh, accused caused injury on the mandible of Kanwarpal Singh, left shoulder of Satyanarain Singh (PW-2) and head of Man Singh. The accused Chatar Singh caused injury to Man Singh, whereas accused Hanuman Singh caused lathi injury to Man singh and, thus, had committed offences punishable under Sec. 323 read with Sec. 149 of Indian Penal Code. All accused were also charged for commission of offence punishable under Sec. 341 of Indian Penal Code.