BABU LAL AND ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) In the present revision petition. the accused petitioners challenged the order dated 9-2-1993 of Additional Sessions Judge. Hindaun City in Case No. 26/92 whereby he held that prima facie the offence punishable under S. 20204, Penal Code was made out against the petitioners and consequently the charge was framed

(2.) Crime No. 370/91 under S. 2/3- Penal Code was registered at Police Station, Hindaun on a written report made by Dinesh Chand s/o Bhagwat PrasadThe incident was narrated in the report. According to it, the complainant party bad made a contract with the petitioners to purchase 50 quintal oil and it was to be weighed on Tuesday. However, the delivery of the oil was not taken on Tuesday as the sellers were intimated on Mon-day that the delivery shall be taken on Wednesday. It is alleged that on Wednesday the informant went to take the delivery with three bullock carts but the accused persons declined to make the delivery till the payment of the price of oil was made. It is stated that thereafter they agreed and delivery was given on surety furnished by them and the oil was brought by the purchaser complainant. On the same day the petitioners Brahma Prakash and Gopal came to the shop of the complainant at I p.m. and asked to make the payment of the price at 6 p.m. The story further goes that at 6 p m. all the three accused went to the shop of the complainant where his father Bhagwat Prasad was sitting on a 'Takhat' and the complainant was going to take bath. He saw that all the three persons caught the collar of Bhagwat Prasad and pushed him on the ground and gave fist blows. The doctor was called who declared Bhagwat Prasad as dead.

(3.) The dead body of Bhagwat Prasad was postmortem by a Board of Doctors The doctors found no marks of external injuries on his body. The tongue was not protruded. All the limbs of the body were found normal/healthyIn the opinion of the doctors the cause of death was described as under: