RAM PRASAD Vs. BAPULAL

JUDGEMENT

(1.) THIS D.B. Criminal Revision Petition has been preferred by the complainant Ram Prasad against the accused persons Bapulal and Birdhilal sons of Bala, Nanda son of Heera, resident of village Jhalarapatan, District, Jhalawar. The 4th accused person Kanhi Ram son of Birdhilal has since died. The complainant petitioner is aggrieved against the judgment and order dated 102 -1995 passed by the learned Sessions Judge., Jhalawar in Sessions Case No. 62/93 whereby he had acquitted all the accused persons of the charges for the offences under Sections 302/34 of the IPC.

(2.) THE facts as borne out from the judgment are that a report was lodged on 21 -12 -1992 at 5.45 p. m. by the petitioner Ram Prasad to the effect that he and his uncle Gajanand were returning from their fields and were going to their homes when certain persons namely Bapulal, Permanand, Bhagirath, Kanhiram Motilal, Birdhilal, Nandram, Bajrang, Lachhuram, Heeralal, armed with swords and 'gandasi' had surrounded his uncle Gajanand from all sides and killed him. He reported that the dead body was lying in the open place.

(3.) THE prosecution had produced as many as 20 witnesses and also exhibited as many as 31 documents. The accused had denied the charges in their statement recorded under Section 313, Cr. P.C.