DILIP SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellants herein, through this- appeal, have questioned their conviction and sentence. They were convicted- by the learned Additional Sessions Judge, Kishangarhbas (Distt. Alwar) as under: Under Section 302, I.P.C. to undergo imprisonment of life and a fine of Rs. 5.000/- each and in. default to further undergo six months R.I. and under! Sections 147 and 148 of the I.P.C., R.I. for one year. Under Section 302/149, I.P.C. to undergo imprisonment of life and a fine of Rs. 5.000/- each and in default to further undergo six months R.I. and under Sections 147 and 148 of the I.P.C., R.I. for one year. Smt. Preeto Bai Under Section 147 & 148 of the I.P.C. to undergo one months simple imprisonment.

(2.) Brief prosecution version is required to be set out at the outset.

(3.) F.I.R No.48/93 (Ex. P8) was registered at Police Station, Tijara on April 5,1993 on the basis of the recorded statement of Darshan Singh (Ex. P1), who inter alia, stated that he was sleeping on the chabutra in front of his house during the preceding night. Phool Singh and Baldev, his brothers and Surain Singh, a guest, were also sleeping nearby whereas his parents and sister were sleeping inside the house. At around 11-12 p.m. the appellants including seven other persons, including ladies armed with blunt and sharp edged weapons, came there. Appellant Surjeet Singh is alleged to have inflicted a Pharsi blow on the head of Phool Singh, followed by yet another Pharsi blow by appellant Dilip Singh. Appellant Kala Singh inflicted Jelli blow on the head of Phool Singh: Thereafter all the intruders further assaulted Phool Singh and killed him on the spot. Appellant Smt. Preeto Bai inflicted a Pharsi blow on the head of informant Darshan Singh. Other assailants also assaulted Darshan Singh.