J.C.VERMA, J. - (1.) THIS D.B. Criminal Revision Petition has been preferred by the complainant Ram Prasad against the accused persons Bapulal and Birdhilal sons of Bala, Nanda son of Heera, resident of village Jhalarapatan, District, Jhalawar. The 4th accused person Kanhi Ram son of Birdhilal has since died. The complainant petitioner is aggrieved against the judgment and order dated 102 -1995 passed by the learned Sessions Judge., Jhalawar in Sessions Case No. 62/93 whereby he had acquitted all the accused persons of the charges for the offences under Sections 302/34 of the IPC.
(2.) THE facts as borne out from the judgment are that a report was lodged on 21 -12 -1992 at 5.45 p. m. by the petitioner Ram Prasad to the effect that he and his uncle Gajanand were returning from their fields and were going to their homes when certain persons namely Bapulal, Permanand, Bhagirath, Kanhiram Motilal, Birdhilal, Nandram, Bajrang, Lachhuram, Heeralal, armed with swords and 'gandasi' had surrounded his uncle Gajanand from all sides and killed him. He reported that the dead body was lying in the open place. Fir No. 320/92 under Sections 147,148, 149 and 302, IPC was recorded. On 26 -12 -1992 another application was moved wherein he had mentioned that for the reasons that at the time of moving the earlier report he was upset and submitted that from amongst the persons he had earlier mentioned in the application, Birdhilal, Babulal, Kanhiram and Nandlal were the actual assailants. These persons were arrested. The swords were recovered from the possession of Nanda, Kanhi and Bapulal whereas "Gandasi" was recovered from Birdhilal. The dead body of Gajanand was sent for post -mortem. As per postmortem report the deceased had died because of sharp injuries inflicted on the head and neck. Charge -sheet Was submitted on 26 -2 -1993.
(3.) THE prosecution had produced as many as 20 witnesses and also exhibited as many as 31 documents. The accused had denied the charges in their statement recorded under Section 313, Cr. P.C.;