ABHAY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 19 -10 -1984 passed by the Addl. Sessions Judge, Kishangarhbas convicting and sentencing the appellants under Section 302/34, IPC and sentenced each appellant for life imprisonment and a fine of Rs. 100/ -, in default of payment of fine, to undergo 3 months' R.I.

(2.) ACCORDING to the prosecution story Kishan Lal lodged a report on 6 -9 -1983 at 11.00 a.m. at Police Station, Mandawar alleging that on 6 -9 -1983 in the morning at 5.00 a.m. he went to his field to bring grass and when he was returning with the bundle of grass to his house after crossing two fields from his field at 6.00 a.m., all of a sudden Abhay Singh, Gabdu, Srichand, Mst. Chidiya and one more person attacked him. Abhay Singh was armed with 'Farsa' and he gave Farsa blow on his left leg. The other persons also inflicted injuries with lathis on him. Abhay Singh gave another Farsa blow on the right hand. Kishan Lal raised hue and cry and by that cry Mittal and Ram Kumar were attracted and came to the spot. The assailants ran away from the spot. Mittal and Ram Kumar went to the village and his wife, Sarpanch and other persons came to the spot and he was taken away in the camel -cart by his wife and Mittal. The allegation is that on account of old enmity he was beaten by the accused -persons.

(3.) THE Police after due investigation submitted a challan against the present appellants and one Shyama under Sections 147, 148, 302 and 149, IPC.