INDRA SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant appeal under Sec. 374 (2) CrPC has been preferred by appellant Indra Singh being aggrieved of the judgment dt. 22/5/2012 passed by learned Sessions Judge, Jaisalmer in Sessions Case No.57/2010, whereby he has been convicted for the offence under Sec. 302 IPC and sentenced to undergo life term imprisonment alongwith a fine of Rs.500.00 and in default of payment of fine, further to undergo simple imprisonment of 15 days.

(2.) Succinctly stated, facts relevant and essential for disposal of the appeal are noted hereinbelow.

(3.) Ganga Singh (P.W.1) lodged a written report (Ex.P/1) with the SHO, Police Station Mohangarh, Jaisalmer on 11/5/2010 at 3.00 p.m. alleging inter alia that on the very same day, his elder brothers Kalyan Singh and Deep Singh, who were both working as teachers in the school at Leela Parewar, were returning home between 1.00 p.m. and 1.30 pm. after the school hours. A Kachcha way is constructed for proceeding from the school premises at Leela Parewar to the Village Parewar. Kalyan Singh and Deep Singh had reached about half km. from Leela Parewar. Kan Singh and Babu Singh, both residents of the same village, who were following them, heard the noise of a tractor being driven at a high speed. They saw Inder Singh S/o Prayag Singh driving the tractor on the same path. Narayan Giri S/o Mor Giri was also sitting on the tractor. When the tractor reached close Kalyan Singh and Deep Singh, both of them tried to take evasive measures to save themselves, but Inder Singh did not slow down and rather pursued them with his tractor. They ran and took shelter of the trees growing in the nearby field, but Inder Singh pursued them even there, collided his tractor against both these persons and ran it over them after they had fallen down. When Inder Singh noticed that Kalyan Singh was still breathing, he got down from his tractor, took out an iron rod and inflicted injuries to Kalyan Singh. On seeing the assault, Narayan Giri, who was sitting on the tractor, got frightened and tried to run away towards the village. On this, Inder Singh got back on the tractor and pursued him with the intention of killing him. However, Narayan Giri somehow managed to escape the wrath of Inder Singh. Kan Singh and Babu Singh and Narayan Giri, all of whom saw the incident, gave the gory details thereof to the first informant. The first informant alleged that Inder Singh had killed his brothers owing to old family feud by cruelly crushing them under his tractor and by blows of an iron bar.