NAJAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE appeal is directed against the judgment of the learned Additional Sessions Judge, Sri Ganganagar dated July 28, 1976, by which the appellants Najarsingh and Jagroopsingh were convicted under Sections 302, 307 and 148, I.P.C. and Section 27 of the Arms Act, and accused Jeetsingh, Madasingh s/o Kartarsingh, Nichatarsingh and Madasingh s/o Surjansingh under Sections 148, 302/149 and 307, I.P.C. Each of them was sentenced to various terms, the highest being that of imprisonment for life under Section 302 or 302/149, I.P.C. The accused have come -up in appeal and challenge their conviction.

(2.) PW 14 Gilasingh is the brother and PW 18 Hakamsingh is the father of the deceased -victim Neelasingh. They and the appellants are residents of 5 -KK P.S. Gamurwali district Sri Ganganagar. Hakamsingh (PW 18), Kartarsingh, Mukhtiyarsingh and the appellant Najarsingh are urine brothers. Hakamsingh (PW 18) and the appellant Najarsingh had a common father Keharsingh by name. Keharsingh, in his life -time, made a partition of his agricultural lands in three lots. He gave one lot to PW 18 Kakamsingh, one lot to the appellant Najarsingh and kept one lot with himself. Later on, Kehar Singh gave the lot he had kept with himself to the deceased Neelasingh. This irked and annoyed Kartarsingh, Mukhtiyarsingh and the appellant Najarsingh. They started picking up quarrels with PW 18 Hakam Singh. Hakamsingh decided to sell his lands and shift to some other village. He made an agreement to sale his land to Jaswantsingh (PW 7) of 7 -KK. This further fanned the fire. The appellant Najarsingh filed civil suits and obtained injunction orders restraining Hakamsingh from selling his lands. In the evening of November 22, 1973, there was exchange of gun -shots between the members of the appellants families and Hakamsingh (PW 18). The appellants reported the matter to police. Hakamsingh went to 7 -KK to meet Jaswantsingh (PW 7) in the early morning of November 23. 1973.

(3.) DURING the pendency of appeal, the appellants Najarsingh and Madasingh s/o Surjansingh passed away. As such, the appeal filed by them stands abated to that extent.