SURESH S/O JAGANNATH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned State counsel has submitted that appellants No.2 and 3 have died. Thus, appeal qua appellants No.2 and 3 abates and is disposed of accordingly qua them.

(2.) Appellant No.1 Suresh has filed the appeal challenging his conviction and sentence ordered by the Trial Court under Section 302 of Indian Penal Code, 1860 (hereinafter referred to as "IPC") vide judgment/order dated 13.01.1987.

(3.) Prosecution story, in brief, is that on 06.03.1984 at about 11.00 a.m., complainant alongwith his father and sister Soma had gone to get water from the well. Father of the complainant was taking a bath near the well and complainant was taking out water from the well. In the meantime, appellant No.1 Suresh who was armed with a Pharsi gave a blow with it on the neck of Ram Kishan. Jagannath gave a Pharsa blow from reverse side to Ram Kishan. As a result, Ram Kishan fell down. On hearing alarm raised by the complainant and his sister, Bhauti and Sarwati came to the spot and rescued the complainant and Soma. Bhauti was given a Pharsa blow by Prem Chand. Dinesh and Kajodi gave a stick blow to her. Prem Chand gave a Pharsa blow to Sarwati. Dinesh and Kajodi gave a stick blow to her. In the meantime, Babu, Doji, Ram Sahai and Lakhan came to rescue the complainant party.