ONKAR SINGH Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Onkar Singh, an Advocate of this Court and one Ganpat Singh were charged with having committed the murder of Virender Singh at about 10 p. m. on Aug. 8, 1972, infront of the shop of Mohanlal (P.W. 7) in a locality called Paota Choraha in the city of Jodhpur.

(2.) The learned Additional Sessions Judge, Jodhpur by his judgment dated Feb. 28,1975 acquitted Ganpat Singh, but convicted Onkar Singh under section 302, Indian Penal Code and sentenced him to undergo imprisonment for life. Aggrieved by this decision Onkar Singh has field Criminal Appeal No. 240 of 1975. The State has preferred Criminal Appeal No. 575 of 1975 against the order of acquittal of Ganpat Singh. The state has filed another appeal No. 795 of 1976 to enhance the sentence against Onkar Singh. The State has also filed a revision petition No. 217 of 1975 to cancel the order of the Additional Sessions Judge, directing that Onkar Singh be given 'B' Class facilities.

(3.) The facts leading to the prosecution of Onkarsingh and Ganpat Singh briefly stated are these: On Aug. 8, 1972 Virender Singh (deceased) met Onkar Singh in the shop of Kailash Sharma (P. W. 11) accidentally. Virender Singh warned Onkar Singh stating that he should not misbehave with the sisters of his friend Narendra Singh. Onkarsingh retorted that he would behave as he liked and that he was nobody to ask him. In this behalf there was an altercation between them and the matter ended there.