- (1.) KAN Singh and Jagdish Singh two sons of Ugam Singh on 19.5.2006 at about 7.00 AM on a trivial issue while digging a ditch had a fight. In the occurrence it is alleged by the prosecution that Pratap Singh S/o. Kan Singh has caused two fatal injuries on the head of Jagdish Singh which had proved fatal. In the occurrence, Rajveer Singh (P.W.13) son, Sumitra Kanwar (P.W.8) wife of deceased Jagdish Singh, had also suffered injuries.
(2.) MR . A.K. Gupta, the learned counsel appearing for the appellants, has demonstrated that in the occurrence, Pratap Singh and Kan Singh had also suffered injuries though as per arrest memo on the person of Pratap Singh, there was no external mark of injury, but Kan Singh, indeed, had an injury on the head.
(3.) AS to how the occurrence ensued whether witnesses are wholly truthful or are suppressing the part of occurrence we have been called upon to answer these questions. To deal with the arguments raised by the learned counsel, we have to notice the brief facts of the case. Rajveer Singh (P.W.13) had presented written report (Ex.P.24) before Manoj Gupta (P.W.14) who was then posted as SHO, Police Station Gudha Godji. In his written report (Ex.P.24), Rajveer Singh (P.W.13) stated that he is resident of Village Bugala. His father is employed as a watchman in the Electricity Department, Jaipur. A night before he had come to the village. On 19.5.2006 at about 7.00 AM in the morning witness had gone to ease himself and saw that his uncle Kan Singh and his son Pratap Singh were digging a ditch. On return he went inside the house. At that time, his father, his mother, his younger brother Man Singh, sisters Manju, Vimla all were taking tea. It is a case of the complainant that while digging a ditch, Kan Singh had thrown a stone infront of the house of accused to which Jagdish, brother of accused Kan Singh, had objected. At that stage, Pratap Singh gave abuses on the name of mother and sister. Then Smt. Saroj and her daughters Sampat and Om came at the spot. The complainant went near Pratap who gave a Kassi (spade) blow on the head of Rajveer (P.W.13). Jagdish father and mother Sumitra Kanwar of Rajveer (P.W.13) came forward to save Rajveer. Then Pratap Singh and Kan Singh started beating Jagdish. Pratap Singh gave a Kassi (spade) blow on the head of Jagdish. Jagdish fell at the spot. While he was lying fallen, Kan Singh caused injuries on the nose and feet of Sumitra kanwar. At that stage, villagers were attracted at the spot. They intervened and injured were transported to Government Hospital, Jhunjhunu.;