KANWALJIT SINGH AHLUWALIA,J. - (1.) On 5.2.1985, at about 3:00 PM, as per case of the prosecution, five accused namely Ratti Ram son of Mohar Singh, Bhagwan Singh son of Brijbhan, Ramdhan son of Laxman, Rattiram son of Laxman and Hari Ram son of Laxman constituted unlawful assembly hence committed offence punishable under Section 147 IPC. It is further case of the prosecution that on the said date in the field of complainant Inder (P.W.11), aforesaid accused caused injuries to Harjiram son of Dhandhu, as a result of which Harjiram died and thus, as per prosecution the above said persons committed offence of murder punishable under Section 302 IPC. The further case of the prosecution is that on the said and time, all the above said five accused caused simple injuries to Amar Singh (P.W.4) son of deceased Harjiram and Kalyan (P.W.5) son of the complainant Inder (P.W.11) and thus committed offence punishable under Section 323 IPC in alternate 323/149 IPC.
(2.) The court of Additional District and Sessions Judge, Karauli, Rajasthan, in Sessions Case No.56/1988 tried four accused namely Bhagwan Singh, Rati Ram son of Laxman, Ratti Ram son of Mohar Singh and Hari Ram. The fifth accused Ramdhan son of Laxman was declared proclaimed offender and hence, was not put to trial. The trial Judge vide impugned judgment dated 16.12.1989, recorded acquittal of the above four accused persons.
(3.) Aggrieved against the same, the State of Rajasthan filed an application for grant of leave to appeal. A Division Bench of this Court 17.5.1990, granted leave to appeal only qua Bhagwan Singh and Ratti Ram son of Mohar Singh. The order (3 of 14) [CRLA-214/1990] passed by the Division Bench of this Court on 17.5.1990 reads as under:- "Heard learned Public Prosecutor. Leave to appeal is granted against accused respondents Bhagwan Singh s/o Brijbhan and Rattiram s/o Mohar Singh. Appeal be registered as regular appeal against them. Leave to appeal against other co-accused is refused. Bailable warrant in the sum of Rs. 5,000/- be issued against Bhagwan Singh s/o Brijbhan and Rattiram s/o Mohar Singh for their appearance before this Court on or before on 10.7.1990.";