SANGEET LODHA,J. - (1.) This appeal is directed against judgment dated 20.11.89 passed by the Additional Session Judge, Barmer in Session Case No.22/89, whereby the accused appellant Bher Singh has been convicted for offence under Section 302 IPC and the accused appellants Ved Singh and Chutar Singh have been convicted for offence under Section 302 / 34 IPC and each of them has been sentenced to undergo life imprisonment with fine Rs.500/-; in default in payment of fine to further undergo two months' rigorous imprisonment.
(2.) In the nutshell, the prosecution story may be summarized thus: On 8.3.89 at around 7 P.M., Shaitan Singh s/o Panney Singh (PW 15) and Ganpat Singh s/o Amar Singh (PW 17), residents of Dhhokviratra on their way to their home, when reached near the house of Sagat Singh heard hue and cry at the house of Bher Singh s/o Magan Singh. When both of them went to the house of Bher Singh, they saw Ved Singh, Chutar Singh and Bher Singh belabouring Bhoor Singh. They intervened and rescued him. Bhoor Singh suffered injuries on head and hands and fell unconscious. Shaitan Singh and Ganpat Singh brought Bhoor Singh to his home where he vomited and his condition was deteriorated. Shaitan Singh went to Bhagirath Bishnoi, brought his tractor wherein Bhoor Singh was taken to hospital at Chohtan.
(3.) On the basis of the written report (Ex.P/18) and further information supplied by Shaitan Singh (PW 15), the police registered the FIR for offences under Sections 307 , 341 , 323 read with Section 34 IPC and the investigation commenced.;