- (1.)This is an appeal against the judgment of Sessions Judge, Alwar, dated 31st Jan., 1981 convicting and sentencing the accused appellant under Sec. 302 IPC, for life imprisonment and a fine of Rs. 200.00, in default, further two months rigorous imprisonment.
(2.)The prosecution case giving rise to this appeal, briefly stated, is as under A report written by Kailash Chand was filed by Shri Gokul Chand in Police Station Tehla, district Alwar on 15 4-1980 at 11.00 A. M about an incident that happened in the village on 13.4.1980 at about 5.00 P. M. to the affect that Gokul Chand and Sugan Singh had some dispute in connection with spout. On 13-4-1980 at about 3.30 or 4.00 P. M. when Gokul Chand was at his well, his brothers Ganga Sahay and his son Mahendra were going towards the home along-with buffalo and as soon as they reached near home, Raghuveer and Lala son of Shri Sugan Singh had parked their tractor on the way, there upon Ganga Sahay asked Raghuveer to kindly remove the tractor, so that the bufallo could pass away, but Raghuveer and Lala both started abusing. Meanwhile, Sugan Singh and his father Nool Singh came there carrying a sword and Bhala in their hands and also started abusing and then told that tractor will not be removed. In the mean-time, Nannu Kumhar and Munshi Khati came from the village side and after making them understood all disbursed In the evening at about 5 P.M. Kanhaiya came to Gokul on his field and both of them went to attend a function at Sunar's house. Devi Singh Moti Singh Brijendra Singh alias Bijju were running towards the village with Farshi, Tanchia and Lathi and when they met deceased Ram Dayal (cousin of Gokul) Devi Singh told that let us capture him and we shall face the consequences and thereupon all the three started beating Ram Dayal with an intention to kill him. DeW Singh inflicted a Marsha blow on the head of Ram Dayal, Moti Singh inflicted blows by Tanchia on his head and Bijju inflicted lathi blow on his leg. Ram Dayal me unconscious. When Gokul and others reached, they ran away. Blood was flowing from the head of Ram Dayal and at that time Ram Dayal Meena. Chando daughter of Manohar Lal and Babu Lal were standing there, who had seen the incident. Later on several persons came there. Ram Dayal was taken to Rajgarh Hospital in a Tractor of Ram Karan and Doctor after examine him and giving first aid directed that he should be taken to Alwar at the earliest as he was very serious. A Jeep was hired and Ram Dayal was taken in the Jeep to Alwar by Gokul Chand, Ganga Sahay and Ram Sahay etc. Ram Dayal was admitted in the Hospital in unconscious condition and his condition was serious and since they were busy in attending Ram Dayal he was filing the report late in the Police Station along with the medical report from Rajgarh doctor. F.I.R. was written by one Kailash Chand On this the Police registered a case under Sec. 307 IPC. read with Sec. 313 1.P.C. and after investigation, the case was challaned in the court of Munsif and Judicial Magistrate, Rajgarh against accused Devi Singh, Moti Singh and Brijendra Singh. The case was later committed to the court of Sessions Judge, Alwar
(3.)The accused denied the allegations and claimed trial. The prosecution examined in all 13 witnesses in support of its case. The accused in their statements u/s 313 Cr. P. C. denied the prosecution allegations, but did not examine any witness in defence. Learned Sessions Judge after trial acquitted Moti Singh and Brijendra Singh of all the charges, but convicted the accused appellant under Sec. 302 Penal Code and sentenced him as aforesaid. It is against this that the present appeal has been filed.