A.K. Singh, J. - (1.) Learned Additional Sessions Judge, Nohar Camp Bhadra in Sessions Case No. 6/93 : State v. Fatehsingh & Ors., tried and convicted the appellants for the offences mentioned below:- JUDGEMENT_104_LAWS(RAJ)5_19961.html
(2.) Being aggrieved by the conviction as well as the sentences awarded by the learned Additional Sessions Judge, Nohar Camp Bhadra, this appeal has been filed by the appellants.
(3.) The facts of the case may be briefly stated as follows: On 12.11.1992 at about 7 p.m. Keshra Ram son of Amila reported at the Police Station, Bhirani District Sri Ganganagar that on that day at about 6 p.m. when he was grazing the sheep near the village his brother Balwan and his brothers wife Smt. Om Kala were going towards the village. When they reached in the middle of the "field of Phula Kulhadia and Naki Master, Lalaram, Balaram, Fatehsingh and Bhagaram stopped their way. At that time Balaram and Fatehsingh were armed with lathis and Lalaram and Bhagaram were armed with Jellis made of iron and they started beating Balwan. When Balwan raised a hue and cry the first informant Keshraram went near him in order to protect him. Meanwhile Fateh singh inflicted a lathi blow on the head of Balwan in order to kill him. In consequence Balwan fell on the ground and the remaining assailants inflicted injuries with lathis and jellis. It was also stated in the first information report that when Keshra Ram tried to intervene he was given, a blow on his left pelvis. On hearing the hue and cry Bhaga singh also reached the spot and thereafter the assailants ran away. The Injured Balwan was taken In a jeep to Bhadra Hospital where he was admitted in a serious condition and the first information report was lodged by Keshra Ram at the Police Station, Bhirani at 7 p.m. i.e. about one hour after the alleged incident. The police registered a case under Section 307 read with 34 IPC and commenced the Investigation. After usual investigation a report under Section. 173 Cr.PC was submitted in the court of Munsif & Judicial Magistrate, Bhadra who committed the case to the court of Additional District and Sessions Judge, Nohar. In the court of Additional District and Sessions Judge, Nohar the appellants were tried; convicted and sentenced as mentioned above.;