TEJ SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 1-9-1986, whereby the appellants were convicted and sentenced as under: 1. Appellant Tej Singh convicted under Section 302 of the Indian Penal Code and sentenced to life imprisonment and a fine of Rs. 100/-

(2.) Appellant Lesingh convicted under Sections 302/34 of the Indian Penal Code and sentenced to life imprisonment and a fine of Rs. 100/-. 2. Padam Singh submitted a written report to S.H.O. Police Station Bhusavar on 22-9-1985 at 6.30 p,m. stating that the appellants had caused injuries by sharp edged weapon to his uncle Himmat Singh. He has alleged that there was enmity between the parties on account of land dispute. The appellants gave beating with Farsa and Darat. The condition of his uncle Himmat Singh was very serious and be was lying at the spot. This incident has been witnessed by Ram Sahai and Brijo. On this report a case under Section 307/34 of the Indian Penal Code was registered. With the death of Himmat Singh as a result of injuries, the case was converted into Section 302 of the Indian Penal Code. The postmortem on the dead body of Himmat Singh was conducted by doctor Brijendra Singh and in his opinion the cause of death was shock and haemorrhage resulting from celebral injury and trachea and adjoining survical vessels being cut by heavy sharp weapon. After completing the usual investigation the Police submitted challan against the accused-appellant.

(3.) The Trial Court framed charge against Tej Singh and Lesingh under Section 302 of the Indian Penal Code and in the alternative under Sections 302/34 of the Indian Penal Code. Both the accused pleaded not guilty and claimed trial.