S.K. Sharma, J. - (1.) The appellants were the accused in the file of Addl. Session Judge, Kishangarh Bas, Dist. Alwar bearing sessions case No. 3 of 1991. They were convicted and sentenced as under:- JUDGEMENT_90_LAWS(RAJ)7_19961.html
(2.) Aggrieved by the aforesaid conviction, present action for filing the appeal has been resorted to.
(3.) The prosecution case is woven like this: (i) Informant Gurbachan Singh (PW.2) instituted an oral report (Ex.P1) with the police station Khairthal, Dist. Alwar on 17.10.90 at 9.10 P.M. against the accused appellants Seva Singh and Lakkha Singh stating therein that at about 8.30 P.M. Kushal Singh, Pappu alias Bhupendra Singh S/o Kushal Singh, Seva Singh, Lakkha Singh and Ram Singh were playing cards in the house of Guljar Singh (PW.3). Pyara Singh, son of the informant also joined them. The informant on found them gambling, threatened to lodge complaint against them with the police. On hearing the threat, Lakkha Singh got provoked and started abusing the informant. When Pyara Singh, son of the informant protested, Lakkha Singh and Seva Singh pushed him and the informant out of the house. At the same time Seva Singh @ Ronak Singh, another son of the informant came over there and asked as to why they were quarrelling. Suddenly Seva Singh accused inflicted two knife blows on the stomach of Seva Singh @ Ronak Singh whereas Lakkha Singh inflicted knife blow on the chest of Pyara Singh (PW.6) and after inflicting injuries they fled. Seva Singh alias Ronak Singh, died on account of injuries sustained by him and Pyara Singh became unconscious and was admitted in the hospital. (ii) The S.H.O. Police Station, Khairthal registered a case U/s. 302 and 307 of the I.P.C. and investigation commenced. (iii) Autopsy of deceased Seva Singh was conducted by doctor Amar Nath Gupta (PW. 8) and following injury was found on the person of the deceased according to the autopsy report (Ex.P 14): "Stab wound 2cm. x 1 cm. x cavity deep in the left 5th inter costal space." In the opinion of the doctor the death was caused due to hemorrhage and shock instantly caused by stab wound. Injured Pyara Singh was also examined by Dr. Amar Nath Gupta (PW.8) and according to the medical examination report (Ex. P12) following injury was found on the person of Pyara Singh: "Stab wound 2cm. x 1cm. x muscle deep in right 7th inter costal space." Injury was simple in nature and was caused by sharp edged weapon. (iv) After usual investigation the I.O. submitted charge-sheet in the court of Munsif and Judicial Magistrate, Kishangarh Bas, who committed accused appellants in the trial court where charges U/s. 302 and 307/34 and U/s. 302/34 and 307 I.P.C. were framed against accused appellants Lakkha Singh and Seva Singh respectively. The accused appellants denied the charges and claimed trial. (v) The prosecution examined as many as 10 witnesses in support of its case and produced 20 documents. Thereafter statements of accused appellants U/s. 313 Cr.P.C were recorded. The accused appellants did not produce any witness in support of their defence. (vi) The trial court convicted and sentenced the accused appellants as mentioned herein above.;