- (1.) A written FIR lodged by Madho Singh set the police in motion, who after investigation submitted challan against accused -appellants Roop Singh and Daulat Singh before the Additional Sessions Judge, Sirohi for the offence under Sections 302 I.P.C., which after trial, culminated into conviction vide judgment dated 26.2.1982 passed in Sessions Case No. 25/1979 and sentence under Section 302/34 I.P.C., against which this appeal has been preferred.
(2.) IN brief, the prosecution story as disclosed is that on 3.8.1978 at about 10 p.m., a written report was lodged by Madho Singh at Police Station Rani, Distt. Pali stating therein that at about 6.00 p.m., he was cutting waste grass in Sesame crop in his field. At that time, his elder brother Sohan Singh was going from his village to his field Well Gunderiya. In the said field cattle of Sohan Singh were being grazed by one Kumari Narayani. At about 5 -7 minutes thereafter, he heard the cries of Kumari Narayani and saw in the direction of his brother's going and found that Daulat Singh was beating his brother with 'dhariya' and Roop Singh with knife. He also made cries and ran towards the place of occurrence from his field. Nainiya and Kumari Sunder Kanwar, who were in the field of Sohan Singh also ran towards the place of occurrence. Daulat Singh inflicted a 'lathi' blow on the hand of Nainiya when they all reached on the spot. On seeing all of them, the accused -persons ran away on bicycle. On the spot, they all found his brother unconscious and having blood all over the body. Bhikha Chaudhary, who was also coming from the field towards them, was sent by him on the well of Narpat Singh to fetch the tractor. Narpat Singh brought tractor in which they took him to the hospital, but Sohan Singh succumbed to his injuries. A conspiracy was hatched by the accused -persons with one Ram Singh, on a day before incident at the bus stand. Ram Singh instigated Roop Singh and Daulat Sigh to kill Sohan Singh. The said discussion of the accused -persons was overheard by Prathvi Singh, who conveyed the same to him. On this report, police submitted a challan after investigation against the accused -persons under Section 302 I.P.C. The trial court, during trial took cognizance against accused Ram Singh under Section 302 and 109 I.P.C. The accused Roop Singh and Daulat Singh were charged by the Court under Section 302 I.P.C. and accused Ram Singh under Section 302 read with Section 109 I.P.C. The accused -persons denied the allegations and claimed trial. Ram Singh preferred a revision against charge framed before this Court, which was accepted on 3.7.1980 and charge against Ram Singh was quashed. The trial proceeded only against accused Roop Singh and Daulat Singh.
(3.) THE prosecution examined 24 witnesses and got exhibited documents Ex. -P/1 to Ex. -P/28. The accused - persons in their statement under Section 313 Cr.P.C. stated that the prosecution witnesses are stating against them under the pressure of Madho Singh and there is litigation pending with witnesses Narpat Singh, Nainiya and Madho Singh. Out of this enmity they have been involved in a false case. One witness was examined in defence.;