GUMAN MAL LODHA, J. - (1.) BHAGSINGH has filed this appeal against the judgment of Additional Sessions Judge, Udaipur dated 10 -7 -1978 by which he has been convicted for offence under Section 304, Part -II, IPC and sentenced to four years' R.I. with a fine of Rs. 1000/ -.
(2.) ON 29 -9 -1977 at about 6 -7 a.m. one Kishore went to graze his oxen in the fields. When the oxen had grazed for some time, the accused who were nine in number reached the field with lathis in their hands and asked Kishore why oxen were being grazed there. Kishore asserted that the field was purchased by him. This led to beating of Kishore with lathis by accused. Kishore then went to his village and came back to field with his brothers Deva and Uda. Deva and Uda reiterated that the field belonged to them. The accused then attacked Deva and Uda. Kishore raised an alarm. Deva succumbed to injuries as Deva and Uda both were injured.
(3.) AFTER usual investigation, challan was filed and the accused, 12 in number were charged for the offences under Sections 302, 307, 147, 149, 447 IPC. The trial Court acquitted all except the appellant.;