On companysidering the evidence produced by the prosecution, the learned Additional Session Judge companyvicted Daljeet Singh under Section 302 appellant and Ganesh under Section 302 read with Section 34 I.P.C. and sentenced each one of them to life imprisonment and fine of Rupees five hundred, in default thereof to further undergo rigorous imprisonment for six months.
The gravamen of the charge against them was that the said three persons came on a motor cycle Ganeshi and the other caught hold of Kailash Soni and exhorted Daljeet Singh to strike him.
By judgment and order of March 17, 1992, the High Court upheld the companyviction and order of the High Court, by special leave the appellant has filed this appeal.
To examine the companytention of the learned companynsel, we have perused the First Information Report and the statement of Mohan Mujral pw 1 .
Against their companyviction and sentence, they filed appeal in the High Court.
They exhorted him to strike at Kailash.
The relevant allegation in the F.I.R. reads as follows At this both Pappu appellant and Ganeshi said strike at his Daljit.
JUDGEMENT QYADRI, J. The appellant and two others, namely, Daljeet Singh and Ganeshi were tried for offences, under Section 302 and Section 302 r w Section 34 I.P.C. by the learned Additional Session Judge No.1, Sri Ganganagar.
On that Daljeet Singh gave 2 3 blows with his kripan to kailash Soni which resulted in his instantaneous death hereinafter referred to as the deceased .
