STATE OF RAJASTHAN Vs. MADAN LAL

JUDGEMENT

(1.) This criminal appeal under Sec. 378 (iii) and (i) of the Cr.P.C. has been preferred by the appellant-State laying a challenge to the judgment of acquittal dtd. 9/5/1996, passed by the learned Additional Sessions Judge, Bali, District-Pali in Sessions Case No. 17/1995, whereby the accused-respondents were acquitted of the offence under Sec. 302/34 of the Indian Penal Code.

(2.) The matter pertains to an incident which had occurred on 17/2/1995 and the present appeal has been pending since the year 1995.

(3.) Brief facts of the case, as placed before this Court by Mr. Sameer Pareek, learned Public Prosecutor appearing on behalf of the appellant-State are that on 17/2/1995, in the evening at about 8.00 p.m. in village Kothar, Bhaga Ram was attacked by the present accused-respondents Mangi Lal and Madan Lal with an axe and knife and that injuries were caused on his neck, chest and rest of the body parts, which were dangerous to life and due to the said injuries, he passed away. It was reported that Smt. Rambha Devi, mother of the deceased and Smt. Sukhi, wife of the deceased saw the incident and they stated that the injuries were caused by the accused-respondents.