Prakash Tatia, J. - (1.) THIS appeal has been preferred by the accused - appellants Litta Singh and Kala Singh both sons of Boga Singh against the judgment and order dated 23.1.2002 passed by the learned Sessions Judge No. 1, Sri Ganganagar in Sessions Case No. 16/2001 whereby the appellants have been convicted under Section 302/34 IPC and have been sentenced to undergo life imprisonment and both have been fined with the fine of Rs. 1,000/ - each in default thereof to further undergo one month's rigorous imprisonment. By the same judgment, the co -accused Boga Singh has been acquitted from the said charge.
(2.) AS per the prosecution case, complainant Baltej Singh PW -1 submitted a written report on 7.2.2001 Ex.P/1 in the police station Sadulshahar upon which FIR Ex.P/17 was drawn and a case under Section 307, 341, 323/34 IPC was registered. It is alleged in the said report Ex.P/1 that to pass time, the villagers and complainant (and his family members) used to sit near the fire (in the time of winter and cold) in front of house of Mukund Singh. Boga Singh co -accused was not liking sitting of brother of complainant , Hansraj Singh and, therefore, two days before the date of incident quarrel took place between Hansraj Singh and Boga Singh. On 7.2.2001 at about 7.00 PM hearing the voice "Kill -Kill" coming from the side of lane of one Mukund Singh complainant, Yadvinder Singh, Mukund Singh and Gurjant Singh ran towards the place from where the voice was coming. There they saw that accused Boga Singh and his two sons Kala Singh and Litta Singh were beating Hansraj Singh with Lathis and Gandasi. Kala Singh had Gandasi with him who inflicted injury by Gandasi on the head of his brother Hansraj Singh and others gave beating by Lathis. The complainant, Mukund Singh, Yadvinder Singh and Gurjant Singh shouted upon which the accused ran away. The complainant took the victim to the hospital and got him admitted and came to lodge report Ex.P/1 in the police station Sadurlsahar at 10.00 PM. On the basis of this report Ex.P/1 FIR No. 29/2001 Ex.P/15 was registered and investigation was conducted. During investigation site was inspected on next day, i.e., on 8.2.2001 and reports were prepared then blood soil and sample soil were collected and taken in possession and memos Ex.P/3 and P/4 were prepared, all the three accused were arrested and arrest memos Ex.P/18, P/19 and Ex.P/22 were prepared. In furtherance to the information given by the accused under Section 27 of the Evidence Act, the weapons of offence were recovered and recovery memos Ex.P/8, P/20, P/21 and P/22 were prepared. The seized articles "blood soil" "plain soil", deceased shirt, Lathi and Gandasi were sent to the FSL for report and after recording the statements of the witnesses and obtaining opinion of the FSL report Ex.P/24 and Postmortem report Ex.P/14, the challan was filed against the accused persons under Section 302/34 IPC.
(3.) THE accused denied the charges and sought trial.;