STATE OF RAJASTHAN Vs. HAZI KHAN AND ORS.

JUDGEMENT

(1.) These appeals by the State of Rajasthan are against the acquittal of the accused respondents of the charges framed against them under Sections 148, 302, 307, 323/149, 324/149, 326/149, 324, 326 and 323 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC"). The judgment of the High Court of Rajasthan impugned herein is in reversal of the conviction recorded by the learned trial Court against each of the ten (10) accused for the aforesaid offences.

(2.) We have heard the learned counsels for the parties.

(3.) The incident had occurred in the middle of the night of 7th/8th Oct., 1998. While six (06) of the accused i.e. Jusub Khan, Khania, Dite Khan, Taj Mohd., Nabu Khan and Illamdin were armed with lathis four (04) of them i.e. Muse Khan, Hazi Khan, Bariyam and Shafi Mohammad were armed with sharp weapons. Consequent to the assault allegedly committed by the ten (10) accused respondents on the deceased, the following injuries were caused to the deceased out of which injury No.1 in the opinion of Dr. Dinesh Kumar (PW 21), who examined the deceased, proved to be fatal.