BALVINDER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused appellant aggrieved of his conviction and sentence - vide judgment dated 29.02.2008 in Sessions Cased No.34/2007 before the Court of Additional Sessions Judge, Srikaranpur District Sriganganagar, whereby he is convicted under Sec. 302, Penal Code and sentenced to life imprisonment with fine of Rs.5,000.00, in default one year's rigorous imprisonment - has preferred this appeal and requests setting aside his conviction and sentence.

(2.) Relevant facts as per prosecution, appears to be that on May 1st, 2006, at about 7.45 a.m., information received on wireless from control room at Police Station, Lalgarh Jatan that in Government hospital is admitted Nanak Singh - On receiving information, ASI Rati Ram made entry Ex. P/13 in Roznamcha and reached Sri Ganganagar hospital - where intimating Doctor, he recorded statement of Ramkishan PW/14. As per statement of Ramkishan PW/14, on that day was their turn for irrigating their land from 3.00 A.M., so he along with his sons Gurvinder Singh and Nanak Singh was on his land 4 B.G.S. From 5.35 a.m. was turn of Mukhtiyar Singh and Balvinder Singh who sought to take water earlier, which was negatived by the complainant so hot exchanges occurred between them and Mukhtiyar Singh and Mukhtiyar Singh inflicted blow of "Kassi" on Ramkishan while Balvinder Singh inflicted blow of lathi on temporal region (scalp) of Nanak Singh who fell down and became unconscious. Statement i.e. FIR also is that soon Jasvinder Singh caught Ram Kishan and again inflicted injuries of axe on his legas and Gandasi on head. . On shouts and cries, his son Gurvinder Singh reached and intervened so these persons ran away.

(3.) On this statement, FIR No.1106/06 Ex.P50 registered for offences under Sections 341, 323 and 307 IPC.