GOVIND SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Through the aforesaid two appeals appellant Govind Singh challenges his conviction and sentence of life imprisonment under S. 302, 1. P. C., two years R. I. and a fine of Rs. 300 under S. 325, I.P.C. and one year R.I. and a fine of Rs. 100/- under S. 324, I.P.C. recorded by the learned Additional Sessions Judge, Pratapgarh.

(2.) Since both the appeals arise out of the same judgment they are being disposed of by this common judgment.

(3.) On 11-8-1979 at 4 p.m. Pratap Singh lodged oral report (Ex. P/l) with Police Station Bhim stating therein the occurrence which took place between 10.30 a.m. to 11.30 a.m. on that day. It was stated that he along with his father Arjun Singh and brother Inder Singh had gone to their field known as 'Retiyavala' to watch the crop where they found that cows, bullocks, buffaloes and goats were grazing the crop. They also saw Govind Singh sitting at the hillock at some distance. It was further stated that they collected cattle and proceeded towards the cattle pound, but after they crossed the distance of about one mile, accused Govind Singh, Bheru Singh and Lal Singh armed with lathies and axe reached there and wanted the cattle to be released. On their insistence that they would take the cattle to cattle pound the accused started beating them and as a result of the injuries sustained by Arjun Singh at the hands of Govind Singh he fell down. When Arjun Singh was being taken to the hospital he died in the way. On this report a case under Ss. 302, 307, 324, 323 read with S. 34, I.P.C. was registered. The police conducted usual investigation. After the completion of the investigation a challan was submitted.