GANPAT SINGH & OTHERS Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated Feb. 29, 1980 passed by the learned Sessions Judge, Jalore. Appellants Ganpat Singh. Madan Singh and Chensingh were tried for the offences under sections 302, 302/34 and 323 IPC. By the aforesaid judgment, the learned Judge convicted Ganpatsingh for the offence under section 302 Penal Code and Madansingh and Chensingh for the offence under section 302 read with Sec. 34 Penal Code and sentenced them each to imprisonment for life and a fine of Rs. 1000.00, in default to undergo six months R. 1. . All the three appellants were also convicted for the offence u/s 323 Penal Code and sentenced to three months R. I.

(2.) Briefly stated the facts of the case giving rise to the trial, conviction and sentences of the appellants and the present appeal are as under:-

(3.) On Sept. 26, 1979 Chandansingh (PW 1) son of deceased Jalam Singh was at his field. In the evening his she-goat entered the field of appellant Ganpatsingh and the latter ran after the witness to give him a beating. The witness made good his escape. On the next morning Chandansingh told his father about what had happened in the previous evening. Jalamsingh deceased reprimanded Ganpatsingh which annoyed the latter. At that time Ganpatsingh went away, but after about an hour the three appellants armed with lathi went in the courtyard outside the house of Jalamsingh and gave a beating to him. Chandansingh was standing at the door of his house. He raised an out-cry. Neighbourers Dhoonk Singh (PW 2) and Dharamsingh (PW 3) reached the site and on seeing the appellant belabouring Jalamsingh with lathies asked them not to do so. Dharamsingh intervened. He was also given a beating by the assailants. Dhoonk Singh and Chandansingh took out fuel wood from inside the house of Jalamsingh and caused injuries to Ganpat Singh and Madansingh. The three appellants thereupon took to heels. Dharam Singh and Jalamsingh injured were taken to Primary Health Centre, Ahore in a trolly by Oumansingh, Dhoonksingh, Dalpatsing and Jaisingh., Dr. Raman Verma (PW 6), Medictil Officer, Incharge P. H. C., Ahore examined Jalamsin.h in unconscious condition at 12.30 P.M. and prepared the injury report Ex. P/8. Jalamsingh succumbed to the injuries sustained by him at 1.10 p. m. on that very day. Dr. Verma conducted the autopsy over the dead body and prepared the postmortem examination report Ex. P/7. The Doctor noted following injuries on the dead body ;