VINEY SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These four appeals are preferred by appellants Vaney Singh, Bhoorsingh and Bherusingh against the judgment of the learned Sessions Judge, Udaipur, dated 21-3-1978 convicting the appellant Vaney Singh under section 304 Part II and 323 I. P. C. and the other two appellants under section 304 Part II read with 34 and 323 I. P. C.

(2.) Briefly stated the facts according to the prosecution were these. On 8-7-1977 at about 8.30 p. m. deceased Kalu Singh PW. 3 Devi Singh and PW. 4 Madho Singh were sitting on a chabutra outside the house of Man Singh. Kalu Singh then left for his house and he had a lantern in his hand. 10 or 12 steps away from the chabutra, the three appellants were exchanging abuses amongst themselves presumably under the influence of some drinks. Kalu Singh asked them not to shoot vulgar abuses Vaney Singh then gave a lathi blow on the head of Kalu Singh and thereafter appellants Bhursingh and Bheru Singh also gave him a few lathi blows. Madho Singh and Devi Singh tried to intervene but they were also caused injuries by the appellants. Mohan Singh son of deceased Kalu Singh was at his house. He heard the noise and came to the scene of incident, Mohan Singh went to police station Devgarh and lodged written report Ex. P. 11, Police registered a case against the appellants and conducted the usual investigation including the post-mortem examination of the deceased, Appellant Vaney Singh was charged under sections 302 and 323 IPC. and the two other appellants under sections 302/34 and 323 IPC. The learned Sessions Judge however, acquitted the appellants from the offence of murder and convicted them in the aforesaid manner.

(3.) I have heard the learned counsel for the appellants and the learned Public Prosecutor.