VIRENDER SINGH, J. - (1.) JAIPAL , Mahender Singh and Satpal Singh the three appellants herein have been convicted by learned Additional Sessions Judge, Bhiwani vide impugned judgment dated 12.5.1990 under Sections 306, 341, 34 IPC. They have sentenced as under: Under Section 306 IPC to undergo RI for 7 years each and to pay a fine of Rs. 250/-, in default of payment of fine to further undergo RI for 3 months. Under Section 341 IPC to undergo simple imprisonment for 15 days each.
(2.) HOWEVER , all the sentences have been ordered to run concurrently. Briefly the facts of the prosecution case are that on 8.6.1989 all the three appellants had exchanged hot words and abuses with Risal Singh (since deceased) while taking liquor. On 9.6.1989 when Bharat Singh PW-4 FIR lodger-complainant was going towards his fields, he noticed Risal Singh being surrounded by the present three appellants in the shamlat land of their village with the intention of implicating him in some false case of Excise Act. At that time Risal Singh was being served liquor by these three appellants. In the meantime, the police arrived there in a Matador. Risal Singh on seeing the police party started running. The prosecution case further goes that when Risal Singh was running the three appellants started chasing him as they wanted that Risal Singh should run in a specific direction. Bharat Singh PW-4 and brother of Risal Singh namely Daya Chand who incidently appeared there, had also started running towards that side. Risal Singh then jumped into the well of Deep Chand out of the fear and died. The police was accordingly informed and the formal FIR Ex. PF was got registered on the statement of Sarpanch Duli Chand. The police swung into motion immediately. Inquest report after taking out the body of the Risal Singh from the well was prepared, a site plan was drawn. The statements of witnesses were also recorded. The appellants were consequently arrested in this case. After the completion of the challan, they were put to stand trial. All the appellants were charged under Sections 306, 341 IPC.
(3.) IT is worth mentioning here that Jaipal-appellant has also been convicted in an another case bearing FIR No. 116 dated 10.8.1989 under Section 436 IPC registered at Police Station Badhra and he was filed this separate appeal No. 171-SB of 1990 which is also disposed of by me by a separate judgment of even date.;