VIJAY RAJ Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal - D.B. Original Appeal No. 761 of 1972 - has been preferred by the State Govt. against the judgment of the Additional Sessions Judge No. 2. Jodhpur dated 28.6.1972 acquitting the respondents of offences under Sections 302, 302 r/w 34, 148, 307, 307 r/w 149 and 307 r/w 34 of the Indian Penal Code resulting in the murder of one Pukhraj and in attempt to commit murder of his son Parasmal PW/13. The connected appeal - S.B. Criminal Appeal No. 573 of 1972 - has been filed by the accused Vijaykishan against his conviction Under Section 324 r/w 34 of the Indian Penal Code for causing hurt to Parasmal PW/13 and Under Section 326 r/w 34 for causing grevious hurt to the deceased Pukhraj with a sharp -edged weapon.

(2.) THE deceased Pukhraj had obtained a decree for possession of a house from the court of Munsif Magistrate, Bilara against one Devilal, the uncle of she three accused Vijay Raj alias Vijay Kishan, Ghanshyam and Vasudeo. Vijay Raj had filed an objection under Order XXI Rule 58 of the Code of Civil Procedure the hearing of the execution proceedings was fixed in the court of the Munsif Magistrate on 30 -1 -1971 and the deceased had gone to attend the hearing. But as he was net feeling well, his son Parasmal PA/13 asked him to go home. After a while, Shantilal PW/1, another son of Pukhraj came and relieved Parasmal who had to go to the tehsil in connection with the registration of a sale deed executed by Jawanram PW/27.

(3.) THE injured were treated for their wounds by Dr. Ashok Ramchandani at the Government Dispensary, Bilara vide injury reports exhibit P/9 and P/10. He found that the deceased Pukhraj had the following external injuries: