- (1.)Heard learned counsel for the parties.
(2.)The respondent-herein and two other co-accused were tried for offences under section 302 read with section 34 IPC in regard to the death of Kantilal and for offences under section 324 as against the respondent no. 1 - Kalu Ram for causing injury on PW2 - Fakirchand. The trial court, after trial, appreciating the evidence placed on record acquitted the two other co-accused and convicted the respondent nos. 1 and 2 herein under sections 324 and 302 IPC respectively. On appeal by the respondents, the High court set aside their order of conviction and acquitted them. Hence, this appeal.
(3.)The case of the prosecution in brief was that on 19.4.1983 the mother-in-law of PW2-Fakirchand was admitted in the hospital for operation of her eye. The wife of Fakirchand stayed in the hospital and she had asked Fakirchand to send the wife of brother Kantilal to the hospital. Fakirchand had gone to his house and while he was returning he was surrounded by the accused persons. The respondent no. 2 - Gopal was armed with katar, respondent no. 1 - Kalu was armed with an axe, Shekhar was armed with lathi and Chhotibai had a stone. Respondent no. 1 Kalu dealt a blow by an axe on Fakirchand on his hand. Kantilal suddenly came and intervened to save fakirchand. At that time respondent no. 2-Gopal, who was armed with katar, assaulted him on the stomach. Kantilal fell down on the ground The incident was witnessed by Jagdish (PW3) , Masoom (PW5) and Gyarsibai (PW4). The cause for the incident was stated to be a trivial one in that Fakirchand's cycle had hit the tail of cow of Gopal. Kantilal was rushed to the hospital at Johara. Fakirchand came to the police station from the hospital and lodged the report of the incident which was exhibit P2. Kantilal succumbed to the injuries in the hospital.