KAILASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The State of Rajasthan is in appeal against the judgment dtd. 28/9/1994 passed by the Additional District and Sessions Judge, Khetari, District Jhunjhunu in Sessions Case No. 77/1987 whereby Kailash, Ami Lal and Ram Lal were acquitted.

(2.) During pendency of the appeal, Ram Lal S/o Kanhi Ram died and the appeal qua him was abated. The appeal now survives qua Kailash and Ami Lal S/o Ram Lal (hereinafter referred to as 'respondents').

(3.) The facts as per the prosecution are that on a complaint given on 8/8/1987 by Kailash S/o Leeladhar Khati (hereinafter referred to as 'complainant'), FIR No. 53/1987 under Ss. 302, 326 read with Sec. 34 IPC and 448 IPC was registered at Police Station Buhana, District Jhunjhunu. It was stated that on 8/8/1987 Ram Lal armed with lathi, Kailash S/o Ram Lal and Ami Lal sons of Ram Lal armed with barchi (sharp edged weapon) came outside the baithak (sitting place outside the house) and started beating the complainant, Babu Lal (for brevity 'deceased') and Ram Chandra. Kailash gave a barchi blow on the head of the complainant, thereafter, all three accused gave beating to Ram Chandra and deceased. On hue and cry of the ladies, PW-6 Chandra Bhan and PW-7 Raghu Veer came and intervened. The deceased died on reaching the hospital. The accused earlier in morning had beaten PW-10 Vinod (son of uncle of the complainant) at the shop of Leeladhar Khati.