K R BISHNOI Vs. M K GARG

JUDGEMENT

(1.) The instant criminal appeal has been filed by State challenging the judgment dated 11.3.1986 passed by Addl. Sessions Judge No.2 Hanumangarh Camp Suratgarh in Sessions Case No.57/85 whereby accused Balwant Singh and Richpal Singh @ Jaspal Singh were acquitted from the charges under Sections 326/34, 324/34 and 302/34 I.P.C. and accused Bhagwan Singh @ Bagga Singh was though acquitted from the charge under Section 302/34 I.P.C. while giving benefit of doubt but he was held guilty and convicted for committing offence under Sections 324 and 326 I.P.C.

(2.) During the pendency of this appeal, accused respondent No.3 Bhagwan Singh @ Bagga Singh died on 6.2.1990, therefore, vide order dated 14.12.1999, appeal against him was ordered to be abeted.

(3.) It is further argued by learned Public Prosecutor that as per medical evidence, the prosecution has proved its case beyond reasonable doubt, therefore, learned trial Judge has committed a gross error while not appreciating the evidence in right prospects. Therefore, the judgment delivered by trial Court, discrediting the testimony of PW-2 Pola Ram and PW-3 Pema Ram deserves to be quashed and on the basis of testimony of these two witnesses, the accused respondents are required to be penalized for committing offence under Section 302/34 I.P.C. Per contra, learned counsel appearing for accused respondents submits that the appeal against the respondent No.3 Bhagwan Singh @ Bagga Singh who was convicted for