PREM SINGH & ANOTHER Vs. STATE

JUDGEMENT

(1.) This Criminal Appeal is preferred against the judgement dated 22.07.1981 passed by 2nd Additional Sessions Judge, Agra in Session Trial No. 324 of 1979 convicting the appellants under section 307/34 I.P.C. and sentencing them to undergo seven years R.I. including a fine of Rs.1,000/-.

(2.) The brief facts which give rise to this appeal are that the accused appellants Prem Singh and Niranjan Singh (hereinafter referred to as, "the appellants") stood their trial under section 307/34 I.P.C. and charge for inflicting lathi injuries on head of Prem Singh (hereinafter referred to as, "the injured") on 03.11.1977 at about 5.00 p.m. in the field of one Mukhtar Singh in Village Andera P.S. Fatehpur Sikri, District Agra.

(3.) The prosecution story as narrated in brief is that about three years ago, two accused Prem Singh and Niranjan Singh and their father Karan Singh committed murder of mother-in-law of complainant Mukhtar Singh. They were prosecuted in the said case, but were acquitted. After the murder, the complainant, his children came to village Andera and began to cultivate the fields of his mother-in-law since then. For this reason, the accused and their father maintained enmity against the complainant. On the date of occurrence at about 5.00 p.m., the complainant had gone to see his paddy field when he saw that the accused were cutting his paddy crop. The complainant objected upon which the accused rushed with lathies to beat him. The complainant raised alarm upon which one Prem Singh s/o Kishan Singh (injured) came to rescue. The accused gave lathi blows to Prem Singh and also threatened him to kill. On raising alarm, the witnesses Om Prakash, Natha and Dalip and other persons came to the spot. On seeing them, the two accused made good their escape. Prem Singh received injuries on his head as the accused had beaten him with lathis with intention to kill him. Prem Singh became unconscious due to the injuries received by him.