Bhagwati Prasad, J. - (1.) This appeal has been filed by Hava Singh against the judgment of the Court of Additional Sessions Judge, (Fast Track) Churu Camp Rajgarh, in Sessions Case No. 18/2002 dated 21.11.2002.
(2.) Prosecution was initiated on the basis of a first information report lodged at Police Station, Sidhirakh on the basis of a written report filed by Smt. Sharmila. In her written report she has stated that her husband has two more brothers. One Shishpal lives in Haryana since last ten years. The younger one is I lava Singh, who lives with her father-in-law. There was some dispute about partition of the land. Yesterday, when she and her husband the deceased were cutting crop, at that time accused I-lava Singh with 'jailly' and her father-in-law, with a 'kasiya', came near them and exhorted them that they should not cut the crop, as the matter of partition has so far not been settled. On which, her husband the deceased and accused Hava Singh entered into a quarrel. Then at that time Mukna Ram, is alleged to have exhorted the accused Hava Singh that he should finish the deceased and that Hava Singh gave first blow and then Mukna Ram also started hitting and both of them caused multiple injuries on the person of the deceased. From the post mortem report we find that following injuries were on the person of deceased : "Lacerated wound at right parietal region of head 3" x 1/z", edges of would stained and blood not removable by washing. Clotted blood present in underlying soft tissue. There is fracture of right parietal and temporal bone. There is subdural and intra cerebral haemorrhage present over both cerebral hemispheres." (2) Lacerated wound 11h" x 1' x bone deep on left frontal region of scalp, hacmatoma present in underlying soft tissue."
(3.) The investigation was conducted and charge sheet was filed against I lava Singh. As the other accused was not apprehended, trial proceeded against Hava Singh. At the trial the accused denied the charges and claimed trial. After trial, the learned trial Court convicted and sentenced the accused appellant Hava Singh under Section 302/34 I.P.C. and sentenced him to life imprisonment with a fine of Rs. 500/-. Accused Mukna Ram is still at large.;