KISHAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28.5.81 passed by the learned Sessions Judge, Pratapgarh, Camp Chittorgarh, convicting the appellant for the offence under Sec. 307 Penal Code and sentencing him to undergo two and half years' rigorous imprisonment and for the offence under section 325 IPC, sentencing him to one year's rigorous imprisonment and to pay a fine of Rs. 250.00 and in default of payment of fine to further undergo two months' R.l.

(2.) The prosecution case is that on 5.9.79 at 4 A.M., Nathu Singh son of Kishan Singh lodged an oral FIR at Police Station, Chittorgarh stating inter alia that he alongwith his father after taking their meals were sleeping in the field of Chand Mai. They had taken the said field on contract. At about 12 in the night, accused Kishan Singh have a 'kulhari' blow on the head of his father. His father made a cry. The accused made an attempt to give a second blow He (informant) asked him as to why the accused was killing him. On this, accused Kishan Singh ran away. It is also stated that he could not identify one man was also running ahead of him whom he could not identify On hearing this, other persons namely Hamer Singh, Sardar Khan, Lal Singh, Chatar Singh and Bhanwar Singh etc. assembled. His father became unconscious. He was taken to the hospital in a bullock cart. The police registered a case for the offence under Sec. 307 Penal Code and proceeded with investigation. After challan, police filed a charge-sheet against the accused appellant and one Banshi Lal.

(3.) Both the accused persons were charged for the offences under section 307, 326 and 325 IPC. Accused Banshi Lal was discharged. The appellant pleaded not guilty and claimed trial. The trial court examined eight witnesses in support of the case. In his statement under section 313 Crimial P.C., the accused appellant stated that the entire was false and fabricated against him and he has been falsely implicated.