MOHAR SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals have been filed against the judgment dated 18-3-86 passed by the Session Judge, Jhunjhunu. Appellant Mohan Singh, in Appeal No. 203/86 was convicted under section 302 and 324 Penal Code and sentenced to imprisonment for life and six months R.I respectively. Appeal No. 73/87 has been filed by the State of Rajasthan against Mani Ram, Daya Nand and Hukmi Chand who were convicted by the trial court under section 323 Penal Code and sentenced to the imprisonment already undergone by each of them, and against whom leave to appeal was granted by this Court. Leave to appeal was refused by this court against Mohan Singh, Raj Kumar and Desh Ram accused persons.

(2.) Sunder Lal (I W-l) submitted a written report (Ex P. 1) to the Station House Officer Police Station Buhana, on 2-11-1984 at 9.15 p m. stating therein that on that day. at about 4.30 p.m he and his father left their house for their field, where they found that Mohar Singh (accused-appellant) alongwith his brothers Mani Ram, Daya Nand and Hukmi Chand, and his son Rajkumar and Desh Ram s/o Mani Ram, were cutting leaves from the tree'Jantia. He and his father asked them not to do so, whereupon Mohar Singh, appellant, inflicted a severe blow by an axe which was in his hand, on the head of his father Mohan Singh, as a result of which, his scalp fractured. Hukmi Chand also gave two or three lathi blows. When he (Sunder Lal s/o Mohan Singh) raised hue and cry, his mother Smt Basanti (PW-9). his uncle Hanuman (PW-2) and Leeladhar son of his uncle, came, who were also given beating. Sunder Lal was alow given a lathi blow on his head by Daya Nand. He brought his father and other injured persons in the camel cart, to the police station His father Mohar Singh was not likely to survive because of his serious condition.

(3.) On the aforesaid written report (Ex. P. 1), regular FIR No. 82/1984 (Ex. P. 21 was registered which was received by the Magistrate on 5.11.1984 at 10.30 p.m. Injured Mohar Singh was sent to the Hospital at Singhana where he was advised to go to Khetri Copper Project Hospital. While, be was being taken there, Mohar Singh died on the way. His post-mortem was conducted on 3.11.1984 by Dr. Ram Niwas (PW-8).