Govind Mathur, J. - (1.) THESE appeals from the judgment and order dated 19.3.2007 of Additional Sessions Judge (Fast Track), Dungarpur in Sessions Case No. 69/2006 (79/2006).
(2.) THE case of the prosecution, that has been accepted by learned Additional Sessions Judge, was in brief as follows: On 27.5.2006 at police station Chitri, an oral information was given by Shri Bhala (P.W. 1) that on 26.5.2006 about 30 -35 persons gathered and had a party at the residence of Sukhram on the occasion of engagement of his son. In the party as per the customs prevailing in the caste wine and tobacco was served. At about 09:00 PM Bhala alongwith Vela was returning to his home, Soma and Dhula Ahari (both accused Appellants) came towards them. Soma was armed with a lathi from that he started giving blows to Vela. Dhula too gave a stone blow to Vela. Both the assailants threatened to Bhala also. As a consequent to assault so given Vela died.
(3.) A criminal case then was registered, investigation was made and a police report then was filed before the competent Court accusing Soma and Dhula for commission of the offence punishable under Section 302/34 Indian Penal Code. On committal of the case to the Court of Sessions, charges for the offence punishable under Section 302 Indian Penal Code and in alternative 302/34 Indian Penal Code were framed. The trial commenced on denial of the charges by the accused persons.;