SUKHDEV SINGH AND OTHER Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against judgment and order dated 7.9.07 passed by the Additional Session Judge, Srikaranpur in Sessions Case No.16/05, whereby the appellants have been convicted for offence under Section 302 IPC and sentenced to undergo life imprisonment with fine Rs. 5,000/- each; on default in payment of fine to further undergo three months' simple imprisonment.

(2.) In the nutshell, the prosecution story may be summarized thus: On 30.11.04, complainant Navraj Singh submitted a written report (Ex.P/1) stating therein that in the morning around 10 A.M., he alongwith Sukhraj Singh and Devendra Singh went to the agriculture field comprising murabba no.21 chak 23F Rohi Kaminpura for lifting irrigation availing his water turn. Out of the said field, Sukhraj Singh had taken 15 bighas from Devendra Singh and 4 bighas from Darshan Singh for cultivation on contract basis. But Sukhdev Singh s/o Harjinder Singh wanted to avail the water turn of his uncle Darshan Singh. On this issue, on several occasions, the dispute arose in between Sukhdev Singh and Sukhraj Singh. On the fateful day, for convincing Sukhdev Singh, the complainant and Devendra Singh were taken by Sukhraj Singh to the outlet (nakka). At the outlet, Sukhdev Singh and his son Amarjeet Singh both were standing with kassi in their hands and while opening the outlet, they were cultivating their field. Around 11 A.M., Sukhraj Singh told Sukhdev Singh and his son Amarjeet Singh that it is his water turn and their water turn will start later. Then Sukhdev Singh told that he may be permitted to avail the water turn to irrigate his mustard crop. While Sukhraj Singh was trying to convince Sukhdev Singh and Amarjeet Singh, at that moment, both father and son told Sukhraj Singh that he is imposing his leadership for a long, he need to be taught a lesson. Amarjeet Singh while shouting with an intention to cause death, inflicted kassi blow on the head of Sukhraj Singh, due to which, he fell down and blood started oozing out from his head and another kassi blow was inflicted by Sukhdev Singh on the face of Sukhraj Singh, with an intention to cause death. The complainant and Devendra Singh kept on saying that what are you doing, would you kill him, he will get injured, while they were saying so, Amarjeet Singh and Sukhdev Singh inflicted injuries with kassi on the head and face of Sukhraj Singh with an intention to cause death and ran away with kassi towards Kaminpura. On raising hue and cry by them (Navraj Singh and Devendra Singh), Sheoji Kumar, Sukhraj Singh Ex.Sarpanch and Rameshwar Lal etc. who were working in the field and passage nearby came there. Sukhraj Singh was taken to hospital in trolly of Sarpanch Sukhraj Singh.

(3.) On the basis of the written report (Ex.P/1), the police registered the FIR against the accused Sukhdev Singh and Amarjeet Singh for offence under Section 302/34 IPC and the investigation commenced.