CHUN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dt. 24.10.1989 passed by the Additional Sessions Judge, Rajsamand in Sessions Case No. 54/1986 whereby the accused-appellant Chun Singh and Laxman Singh were convicted for offence punishable under Secs. 302 I.P.C. and sentenced for life imprisonment and a fine of Rs. 500/- and in default of payment of fine to further undergo six months rigorous imprisonment and also convicted for the offence punishable under Sec. 323 I.P.C. and sentenced for six months simple imprisonment. We may observe at the outset that the appellant No. 1 Laxman Singh having expired, this appeal has abated qua him, per the order dt. 17.04.2000; and has been continued only in relation to the other appellant Chun Singh.

(2.) The brief facts of the case are that on 28.07.1986, Smt. Sita Wife of Laxman Singh gave an oral report to the S.H.O., Police Station Bheem to the effect that on 27.07.1986 at about 5 PM when she was at her house, she saw Dhanna Singh, Chun Singh, Laxman Singh, Rupi, Champa, wife of Chun Singh, wife of Laxman Singh and wife of Koop Singh were passing in front of her house. Dhanna Singh, Chun Singh and Laxman Singh were carrying axe in their hands whereas the women were having lathies in their hands. It is alleged that the accused persons threatened her that they are going to kill her mother-in-law and Malla Singh. It is further stated by Smt. Sita that when the accused persons passed away from there she followed them and saw that the accused persons called Malla Singh and when Malla Singh came near to them Chun Singh inflicted an axe blow on left leg of Malla Singh and thereafter Laxman Singh and Dhanna Singh also assaulted Malla Singh. The accused women started beating her mother-in-law Dhanni and thereafter Laxman Singh and Dhanna Singh inflicted an axe blow on the head of Dhanni. Malla Singh was thereafter brought by Ghisa Singh to his home whereas on account of assault Dhanni died on the spot. It is further stated by Sita that on account of rains in the night, she failed to report the matter at police station and today, she along with Gheesa Singh (PW 3) is reporting the matter to the police.

(3.) On receiving this report, an FIR No. 70/86 at Police Station Bheem was registered against 8 persons namely Dhanna Singh, Chun Singh, Laxman Singh, Rupi w/o Gopal, Chanpa w/o Dhanna, Chuna Singh's wife Lal Singh's wife and Koop Singh's wife for the offence under Secs. 148/326 and 302/149 I.P.C.