PAPPU @ DARSHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 21.3.2001 passed by the court of Sessions Judge, Sri Ganganagar in Sessions Case No.71/2000 whereby the trial court convicted the accused-appellant Pappa @ Darshan Singh S/o Ghukar Singh under Section 302 IPC and sentenced him to undergo life imprisonment and also imposed a fine of Rs.1,000/- and in default thereof to undergo six months' RI.

(2.) As per the prosecution case on 17.9.2000 at about 4.00 PM complainant Mewa Singh S/o Jang Singh, resident of Sangatpura gave a Parcha Bayan at Government Hospital, Sri Ganganagar to Shri Sukhchain Singh, ASI, Police Station Mithilirathan stating therein that he has to other brothers and one of his brother Nayab Singh is living separate from his father. His house is near the house of his father. In the previous night at 8.00 PM, there was some voice coming from their lane then complainant's younger brother Kala Singh, who was there asked the accused Pappa @ Darshan Singh and Nakshtra Singh why they are shouting. Nakshtra Singh left the place, but quarrel started between Kala singh and Pappa @ Darshan Singh and it was as mentioned in the Parcha Bayan itself was a ordinary incident. Thereafter, Kala singh went in his house, but Pappa @ Darshan Singh appellant-accused remained standing there with one Lathi. Hearing the voice, when complainant's father Jang Singh came outside the house then Pappa stopped Jang Singh and inflicted one heavy blow of Lathi on the head of Jang singh. Jang Singh instantly fell down there. When Pappa tried to inflict further injuries on Jang singh, the complainant's brother Joginder singh and his mother intervened and Pappa ran away with the Lathi. The injured Jang singh was taken to hospital by complainant's bothers Nayab Singh and Joginder Singh. On the basis of above Parcha Bayan, FIR No.134/2000 was drawn and a case under Section 307, 341 and 323 IPC was registered. During investigation, Jang singh died,therefore, Section 302 IPC was added in the case.

(3.) After investigation, the challan was filed under Section 302 IPC against the appellant-accused in the court of Civil Judge (Jr.Div.) and Judicial Magistrate, First Class, Sri Ganganagar who committed the case to the court of Sessions Judge where the charge under Section 302 IPC was framed against the appellantaccused, which was denied by the appellant-accused and he sought trial.