GOPAL KRISHAN VYAS,J. - (1.) The instant cr. appeal has been filed by the accused appellant Binder Singh S/o Gurcharan Singh under Section 374(2) Cr.P.C. to assail the validity of the judgment dated 5.6.2008 passed by the learned Addl. District & Sessions Judge (FT) No.1, Hanumangarh by which the learned trial court convicted the accused appellant for offence under Section 302 IPC and passed the following sentence: Under Section 302 IPC Life imprisonment with fine of Rs.5,000/- and in default of payment of fine to further undergo three months RI.
(2.) As per brief facts of the case, upon written complaint (Ex.P/1) filed on 5.3.2006 by the PW--2 Mohd. Iqbal, real brother of the deceased Surendra, FIR no.140/2006 was registered at Police Station, Hanumangarh Town against the accused appellant. In the FIR an allegation was levelled that today on 5.3.2006 at about 7.00 pm, deceased Surendra come to his house and went back at 8.30 pm informing that I am going to bus stand. The deceased Surendra did not return till 10.00 pm, then upon asking, the complainant went to the bus stand to search his brother Surendra. When complainant reached at bus stand, 2-3 persons came running from the inside of bus stand and informed him that accused appellant Binder Singh is beating to Surendra and Babu. The complainant immediately rushed inside the bus stand and saw that accused appellant Binder S/o Gurcharan Singh was inflicting blow upon Surendra and Bopy Kashyap by iron rod.
(3.) As per complainant, PW--1 Bopy Kashyap, brother of Babu Kashyap was trying to convenience accused appellant Binder Singh not to make quarrel and caused injury, but accused appellant Binder Singh did not hear him and inflicted injuries upon the heads of Surendra and Babu Kashyap both by iron road. Due to those injuries, both the persons fell down on the ground, at that time, Mukhiya S/o Murti Bihari, Jabardeen S/o Sadiq Khan, Manoj Kumar, Billa S/o Ranga Ram Bill and Sanju S/o Kali Ram came on spot and accused appellant Binder Singh run away from the place of occurrence.;