GOVIND MATHUR, J. - (1.) Learned Additional Sessions Judge No.1, Bhilwara, under the judgment dated 4.11.2011, recorded conviction of accused appellant Bhanwar Singh for the offence punishable under Section 302 Indian Penal Code inter-alia and awarded sentence to undergo life term imprisonment with a fine of Rs. 1000- with default stipulation. The other accused have been convicted for the offence punishable under Section 302/149 Indian Penal Code inter-alia and are also convicted to undergo life term imprisonment with fine stipulation.
(2.) The argument advanced on behalf of the appellant is that even by accepting the prosecution case, the crime said to be committed by accused Bhanwar Singh does not travel beyond an offence punishable under Section 304 Part-II Indian Penal Code. According to learned counsel no evidence is available on record to establish intention of the accused to kill Shri Banshi Singh. It is further submitted that the other accused persons could have not been convicted for the offence punishable under Section 302/149 Indian Penal Code as there is no evidence to establish common object to commit the crime in question.
(3.) The factual matrix necessary to be noticed to adjudicate the instant appeal is as follows:- At the instance of injured Shri Ghanshyam Singh a criminal case was lodged at Police Station Raipur on 17.8.2010 at 09:30 AM. As per the facts averred in the first information report (Ex.P/1) on 17.8.2010 at about 08:30 AM Shri Ghanshyam Singh was standing outside a temple and his father Shri Banshi Singh was moving towards Choudhary s colony to have butter milk. Shri Ghanshyam Singh heard screams of Shri Banshi Singh, therefore, he alongwith Madhav Singh, Madan Singh and Gokal Singh rushed towards the direction wherefrom the screams were coming. Outside the house of Mishrilal Badwa Ghanshyam Singh and his other companions saw that accused Bhanwar Singh, Gotu Singh, Samarath Singh, Smt. Badami, Smt. Tara and Smt. Mamta all armed with iron rods, lathis and kulharis were beating Banshi Singh. An injury on the head of Banshi Singh was caused by Bhanwar Singh with the aid of iron rod. Banshi Singh then was taken to the hospital but he died in transit.;