BHAGWAT SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THESE two appeals arise out of two different sessions cases which relate to an incident of which two cross reports were filed by both the parties. Since these appeals arise out of one and the same incident alleged to have taken place on 22. 7. 78 and at the joint request of both the parties, they are being disposed of by this common judgment.

(2.) LEARNED trial Court holding the incident of a free fight, convicted the accused persons who are appellants in these appeals for their individual act.

(3.) IT had also been alleged in the report lodged by Yadram that accused, Himmat Singh, Laxman & Ninua provoked to finish him & thereupon Bhagwat Singh opened fire which did not hit anybody and that, Nem Singh (PW4) & Dharam Singh (PW2) resisted the accused persons from doing so but, accused Badley enraged himself and exhorted to finish them favouring him thereby Bhagwat Singh again fired gun shot upon Dharam Singh resulting in causing injuries on his head & thigh. According to the report of Yadram, Nem Singh (Pw 4) was also injured due to gun shot fired by Duli Chand (accused), in as much as Ramdayal (Pw3) & Mst. Sarupi both were injured due to infliction of blows by the accused persons.