SHER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SHER Singh and his father Prem Singh, the two appellants before us were convicted Under Section 302/34 and 448 IPC and each was sentenced to imprisonment for life with a fine of Rs. 200, in default of the payment of fine to further undergo two months' rigorous imprisonment on the first count and six months rigorous imprisonment under the second count. The substantive sentences were directed to run concurrently. They have come up in appeal and challenge their conviction.

(2.) THE incident is alleged to have taken place at about 10 or 11 p.m. on 30 -6 -1979 in village Jhundpuri P.S. Tizara District Alwar in which one Preet Kaur aged about 10 years was nacked to death by the appellants with the aid and assistance of Fauza Singh who was the other son of the appellant Prem Singh. The deceased victim Preet Kaur was the wife of the appellant Sher Singh. The prosecution case may be stated as under:

(3.) IN the opinion of Doctor Jain, the cause of death was shock due to intra -criminal haemorrhage as well as haemorrhage from injury mentioned above. Injury No. 1 in itself and the remaining injuries were found sufficient in the ordinary course of nature to cause death. The Doctor prepared the post mortem examination report Ex.P 1. The appellants Prem Singh and Sher Singh were arrested on 7 -7 -1979. Accused Fauza Singh absconded and could Dot be arrested. On the completion of the investigation, the police presented a challan against the appellants Sher Singh and Prem Singh and the absconding accused Fauza Singh in the court of Munsif and Judicial Magistrate, Tizara who in his turn committed the case for trial to the court of Sessions. The learned Sessions Judge framed charges Under Sections 446 and 302 IPC against the accused Sher Singh and Prem Singh to which the pleaded not guilty and faced the trial. The denied their presence on the spot and claimed absolute innocence. According to them, they have been falsely implicated cause their relations with the complainant party remained no more sweet and cordially en account of Preet Kaur and Jeet Kaur. In support of its case, the prosecution examined 14 witnesses and filed some documents In defence, the two accused examined one witness to show that they were present in village Ramchandrapur in the sight of June 30, 1979. On the conclusion of trial the learned Sessions Judge rejected the defence of Alibi put forward by the appellants and held the charges duly proved against them. The were, therefore, convicted and sentenced so mentioned at the very outset. Aggrieved against their conviction, the accused Sher Singh and Prem Singh have taken this appeal.