STATE OF RAJASTHAN Vs. BALTEJ SINGH

JUDGEMENT

(1.) APPELLANT Baltejsingh has been convicted by learned Sessions Judge, Ganganagar, under sec. 304 (Part II), IPC and sentenced to five years rigorous imprisonment. The other appellant Tek Singh has been convicted under sec. 324, IPC and sentenced to 1-1/2 years rigorous imprisonment.

(2.) ORIGINALLY four accused Baltejsingh, Tek Singh and Darshansingh were tried for the offence of murder of Malkiat Singh. Jeet Singh and Darshan Singh were acquitted of the charge under secs. 302/34, IPC, by the Sessions Judge. The State Government has filed an appeal against the acquittal of Darshansingh as also for not convicting Baltejsingh under sec. 302 and Teksingh under sec. 302/34 IPC.

(3.) IN this case Tek Singh inflicted a simple hurt with a sharp edged weapon to Malkiat Singh. But there is no evidence worth the name that Tek Singh had a common intention of doing a particular criminal act and in furtherance of that common intention he joined hands with Baltej Singh. Sec. 38, I. P. C. provides that where several persons are engaged in the commission of a criminal act, they may be guilty of different offences by means of that act. IN the circumstances of the case and in the absence of any evidence regarding prior concert or pre-arranged plan, each person has to be found guilty of the particular offence committed by him. Thus, the argument regarding the applicability of sec. 34, I. P. C, to the case of accused Tek Singh, is devoid of substance.