- (1.) This order will dispose of Criminal Appeal No.616DBA of 2000 filed by the State against acquittal of the respondent Dharam Pal and Criminal Misc. No.142-MA of 1999 filed by the complainant for the same relief.
(2.) Case of the prosecution is that deceased Roop Ram Rathi was avoiding his arrest in FIR No.9 dated 10.1.1988 lodged against him, his son Prem Singh PW-11 and his grandson Anand Singh under Sections 323/506 IPC by Anand Singh Dangi, brother of the respondent-accused Dharam Pal.
(3.) On 19.1.1988 at 9-00 P.M., Roop Ram Rathi was going to the house of his son-in-law Daya Nand PW-8. When he reached in front of Government Book Depot on Delhi-Rohtak road, accused Dharam Pal alongwith 5/6 persons, assaulted Roop Ram Rathi by fist, kicks and lathi blows. His eyes were covered and mouth stuffed and he was taken to unknown places and given further beatings till he became unconscious.;