OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BOTH the appeals are directed against the impugned judgment dated 18.12.1981 passed by the Additional Sessions Judge, Kishangarh Bas, Camp Behrod, in Sessions Case No. 46/1980, therefore, they are being disposed of by this common judgment.

(2.) BRIEFLY stated the facts of the case are that on 05.06.1980 an oral report was lodged by Rajpal (PW1) at Police Station Mandhan, District Alwar, which was entered at S.No. 134 in Roznamcha (Ex.P12). It was alleged in the report that he is the resident of Mauza Basai Bhopal Singh. On 04.06.1980 at about 10.00 PM, his Uncle Omprakash asked as to who had removed the stones, then he told that they have removed as they belong to them and they have also won the case. Thereafter Omprakash told that he had given the same to Ramkumar. Omprakash and Ramkumar were standing near the wall of his Uncle and his Bhabhi (Sister-in-law) Rajbala, his mother Gindori, his Grandmother Sharwan and his Aunt Kaushalya started quarreling. His mother Gindori was beaten by Omprakash, Kaushalya, Sharwan and Bhani by fists and kicks. He was also beaten by all the four persons by stones and lathi. After hearing hue and cry, number of villagers came at the spot.

(3.) LEARNED trial Court framed charge against accused Omprakash under Sections 302 and 323 IPC and against accused Smt. Kaushalya under Section 302 or in the alternative under Section 302 read with Section 34 and 323 IPC. The accused persons denied the charges and claimed trial.