INDERJEET SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Accused-appellants have filed this appeal against the judgment dated 20.9.2003, passed by Additional Sessions Judge No. 2, Sri Ganganagar Camp Suratgarh in Sessions Case No. 6/2002, by which he convicted accused-appellants under Sections 341, 342, 302/34 I.P.C. and sentenced to undergo life imprisonment and fine of Rs. 1000/- under Section 302/34 I.P.C. and in default of payment of fine, to further undergo two months' rigorous imprisonment, and under Sections 341 and 342 I.P.C. each, sentenced to undergo two months' -simple imprisonment and fine of Rs. 200/-, in default of payment of fine to further undergo 10 days' simple imprisonment and further ordered that substantive sentences shall run concurrently.

(2.) Brief facts of the prosecution case are, that PW-1 Mohar Singh made "Parcha Bayan" Ex.P-1 on 15.1.2002 at 11.30 PM and alleged, that accused Indrajeet Singh is his brother-in-law (His wife's brother) with whom, he has strained relations and litigation. Last year, his son deceased Gurcharan Singh had litigation with accused Indrajeet Singh. Today, he along with his son Gurucharan Singh, nephew Kheta Singh and one other person Mahavir came to Suratgarh Court in connection with bail of Gurcharan Singh in some other case and left that place at 4.00 PM by bus for their village at 5.00 PM. All of them got down at Raj Canal bus stand, he remained there, whereas other three persons left for complainant's Dhani on foot. At 6.30 PM, complainant reached to Dhani and found that Gurucharan Singh, Kheta Singh and Mahavir had left his Dhani for Gurucharan Singh's Dhani on a tractor. At 8-8.15 PM, his nephew Pal Singh S/o Mukhtiyar Singh came on tractor and narrated that at 7-7.30 PM, aforesaid three persons came to his house and dropped Kheta Singh and after dropping Kheta Singh, Gurcharan Singh and Mahavir were returning back and reached in front of house of accused Indrajeet Singh, they were restrained by all the accused persons, Mahavir ran away and accused-appellant inflicted blows with Lathi and Gandasi on the body of Gurcharan Singh, on his cries, Pal Singh, Kheta Singh and ladies of their families came on the spot, then accusedpersons dragged Gurcharan Singh inside their home and closed the door. On this information, complainant Mohar Singh and Pal Singh came to the police station in a jeep, then they were accompanied by police and police personnels got the door of accused Indrajeet Singh opened and saw, that Gurcharan Singh was lying in blood with many injuries on head, hands and legs in "Bakhal". There was one lady in the house.

(3.) Heard learned counsel for the parties and perused record.