HARI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) HON'ble BHAGWATI, J. The challenge in this appeal is to the judgment dated 21 July, 1997 rendered by Additional Sessions Judge, No. 2, Bharatpur whereby, the appellant Hari Singh and Mst. Santa have been convicted in the offences under Sections 307/34 and 307 respectively and sentenced to Rigorous Imprisonment for a period of 4 years and a fine of Rs. 200/-; in default of payment of fine to suffer further Rigorous Imprisonment for one month.

(2.) THE nub of the appellants story is as under:- That on 7 September, 1983 PW-3 Mst. Shanti wife of Padam Singh went to her field to collect fodder for animals. She saw the wife and daughter of Hari Singh cutting the fodder. When she asked them not to cut the fodder, they abused her. It is alleged that on the same day at about 4 in the evening Mst. Shanti went to a well to fill water in her pitcher. It is further alleged that the accused persons namely Rajveer, Hardai, Santa daughter of Hari Singh and Hari Singh armed with clubs were already standing there and the accused Hari Singh prodded other accused persons exclaiming that :-

(3.) HEARD learned counsel for the appellants, learned Public Prosecutor appearing for the State and with their assistance scanned the relevant material available on record.