Dalip Singh, J. - (1.) This appeal has been preferred by the complainant against the judgment dated 18th March, 2010 passed by the Additional Sessions Judge [Fast Track] Jhalawar in Sessions Case No.31/2009 acquitting the respondent No.2 Ramswaroop S/o Shri Heeralal for the offence under Section 302/34 IPC.
(2.) The appeal is barred by limitation and as per the report of the registry, there is a delay of 102 days in filing of the appeal. Be that as it may, we have thought it proper to consider the merits of the matter before issuing notice on the application under Section 5 of the Limitation Act, 1963.
(3.) The facts in brief are that on 06/01/2009 a report was lodged by the appellant Dinesh Kumar alleging that at about 7.30 AM his father accompanied by one Jagdish were coming from the field. When Ghanshyam and Ramswaroop, respondent No.2 herein asked them as to what they were doing in their field. On this some altercation took place and the accused Ghanshyam, is stated to have taken out a knife and Ramswaroop, respondent No.2 herein caught hold the father of appellant from behind and Ghanshyam is stated to have inflicted knife blow on the chest of the father of the appellant. As a result of which injury, the father of the appellant is stated to have succumbed to his death. On the aforesaid report having been lodged, a case under Section 302/34 IPC was registered and the accused Ghanshyam & Ramswaroop tried for the same. The learned trial Court convicted Ghanshyam accepting the prosecution evidence, but acquitted Ramswaroop, respondent No.2 herein for the offence under Section 302/34 IPC. Hence, this appeal.;