DALPAT SINGH Vs. STATE

JUDGEMENT

(1.) In the wake of instant surge in COVID - 19 cases and spread of its highly infectious Omicron variant, abundant caution is being maintained, while hearing the matters in the Court, for the safety of all concerned.

(2.) These criminal appeals under Sec. 374(2) Cr.P.C. have been preferred with the following prayers:

(3.) Both the appeals arise out of a common controversy, and therefore, for the sake of brevity, the facts in brief, as jointly submitted by learned counsel for both parties, are that Bal Kishan (now deceased)-appellant No.2 in Criminal Appeal No.182 of 1992 (hereinafter referred to as "the first appeal"), and Om Prakash, victim who died as a consequence of the incident in question, were brothers. Dalpat Singh s/o Bal Kishan-deceased-appellant no.2, lodged an F.I.R. bearing No. CR/30/90 at Police Station, Mandore, Jodhpur stating therein that on 5/8/1990, the appellants no. 1 and 2, Bhanwarlal and Mahesh Kumar, in Criminal Appeal No. 191 of 1992 (hereinafter referred to as "the second appeal") were throwing 'Bajri'/sand, which was lying in front of their residence, into the water, at which time Bal Kishan intervened and restrained them. And that, subsequently, Bhanwarlal and Mahesh returned with Jitendra, the appellant no.3 in the second appeal, to the home of Bal Kishan and Dalpat Singh, armed with axes and other weapons, and inflicted injuries on Bal Kishan, Dalpat Singh and his uncle-Om Prakash. Om Prakash died as a result of the scuffle, while Bal Kishan and Dalpat Singh sustained a number of injuries. And that, subsequently a challan was filed against the appellants (in the second appeal), under Ss. 302, 307, 323/34 and 324/34 I.P.C. Pursuant to which, a counter F.I.R., alleged to have been filed by the appellants (in the second appeal), bearing no. 31/90, whereafter a challan was filed against the appellants (in the first appeal) under Ss. 325/34 and 324/34 and 323 I.P.C.