MOHAN SINGH & ORS. Vs. STATE OF RAJ.

JUDGEMENT

(1.) The four appellants before us have been convicted for the offences under Sections 326/34 and 323/34 Penal Code and sentenced as under:- <FRM>JUDGEMENT_60_LAWS(RAJ)5_19891.html</FRM>

(2.) Both the sentences have been ordered to run concurrently. Against this conviction and sentence passed by the learned Additional Sessions Judge Dewas (Camp Jaipur) on 1st Sept. 1989, these appellants have preferred this appeal.

(3.) The facts in brief may be looked into first and they are that the accused as well as the injured Top Singh (PW 1) and Hanuman Singh (PW 4) are the decedents of one Bagh Singh and there are property disputes between them. Litigation in this regard is also pending between them. On 9th July, 1979, the incident occurred, First the appellants abused Hanuman Singh at about 12.00 noon while he was returning from the market. Thereafter in the evening on the same day at about 7.00 P.M. Top Singh asked the present appellants as to why they were abusing Hanunam Singh and they said that they would give 'Prasadi' to him (Top Singh) also. Then at 11.00 PM. on the same night when Top Singh and Hanuman Singh were sleeping in their houses, the four appellants came there, shouted abuses and challenged them to come out. Upon this, Top Singh and Hanuman Singh opened the door and came out. They found that the appellant Gulab Singh and Mahendra Singh were armed with 'Fareias', Sumar Singh had a sword hanging an his neck while he had a lathi in his hand and the appellant Mahendra Singh had a lathi in his hand. All of them started beating Top Singh and Hanuman Singh. A farahi blow was given by Gulab Singh on the head of Top Singh while the appellant Mohan Singh gave a farshi blow on the head of Hanuman Singh. The others gave lathi blows. On the intervention by some persons, the accused persons ran away and the injured were taken to the hospital.