JOR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These appeals are directed against judgment dated 19th May, 1982 passed by learned Sessions Judge, Jalore, whereby the appellants Jor Singh, Dalpat Singh and Veer Singh were convicted and sentenced as under:- Jor Singh

(2.) In nutshell the prosecution case is that Sarva Shri Chiman Singh ( deceased), Balwant Singh(informant) and the accused Jor Singh, are brothers. Balwant Singh and Jor Singh live in adjoining houses with a common wall. Balwant Singh got constructed a shade for the cattle in his house by putting tin sheets over the common wall. On 26.6.81 at 7 a.m. while Balwant Singh was standing at his house , the accused Jor Singh started abusing him and threatened to kill him, if the tin sheets are not removed from common wall. It is stated that Balwant Singh tried to make Shri Jor Singh understand that the common wall whereupon, the tin sheets rest has been got constructed by him alone and the same is not causing any inconvenience to him, therefore, he should not indulge in an unnecessary quarrel. However, accused Jor Singh and his sons Dalpat Singh and Veer Singh equipped with the lathis and axe entered the house of Balwant Singh and assaulted him. Jor Singh and Dalpat Singh inflicted lathi blow on the head of the informant Balwant Singh and Veer Singh inflicted a axe blow on his head. On hearing the cry, Chiman Singh and his son Man Singh came to the place of occurrence and intervened to save the informant Balwant Singh . Thereupon, Shri Veer Singh inflicted a axe blow on the head of Chiman Singh and Jor Singh and Dalpat Singh inflicted multiple blows by lathis on the head of Shri Chiman Singh, who fell down but, even thereafter, the accused persons continued to inflict injuries on Chiman Singh , which resulted in tearing of his head and he fell unconscious. When Man Singh intervened to save his father Chiman Singh, accused Veer Singh inflicted a axe blow on the head of Shri Man Singh, accused Jor Singh inflicted lathi blows on his head and accused Dalpat Singh inflicted lathi blows on the head and ankle of his left hand . That apart, the accused persons also inflicted injuries on the head of Smt. Ugam Kanwar w/o late Shri Chiman Singh and Miss Hawa Kanwar D/o Balwant Singh, who also intervened in the quarrel. It is stated that hearing the cries, Sarva Shri Hem Singh s/o Guman Singh and Bhanwar Singh s/o Vanne Singh came to the place of occurrence and saved the victims with great difficulty. Shri Chiman Singh was taken to hospital in a bullock cart , however, he succumbed to the injuries on his way to the hospital.

(3.) On 26.6.81 at 8.30 a.m., the injured Shri Balwant Singh lodged an oral report of the incident occurred as aforesaid, at Police Station, Bagra, district Jalore. Accordingly, an FIR was registered against the accused persons Serva Shri Jor Singh, Dalpat Singh and Veer Singh for commission of offences u/ss. 302, 324, 323 and 452 of Indian Penal Code ( in short "IPC" hereinafter).