LOBHA Vs. STATE

JUDGEMENT

(1.) THIS matter comes up on the bail application of appellant Lobha, but, learned counsel for the appellant submits that the appeal itself may be disposed of at this stage since he is not challenging the prosecution story as such, but only contends that the offence under sec. 302, I. P. C. is not made out against the appellant. Learned Public Prosecutor has no objection to the appeal being heard at this stage. We, therefore, proceeded to hear the appeal.

(2.) THE prosecution story, briefly stated, is that there was some dispute regarding a field between deceased Ghisa and the present accused-appellant Lobha and his companions Hari Ram, Ratanlal, Hajari, Bheru, Lobha and Veni Ram. On 22. 6. 86, the accused persons are said to have gone to the field where Ghisa was already sowing 'jawar'. P. W. 2 Balu, P. W. 5 Pushpa, P. W. 6 Sohni and some other persons were also nearby in the field. THE accused persons, who were armed with 'lathi' and axe started giving blows to Ghisa. It is alleged that accused Lobha had aimed a blow on the neck of Ghisa, but because Ghisa fell down, the blow fell on his leg. THE other associates of Lobha gave beatings to some other witnesses, who were present at the spot.