NAVIN SINHA,J. - (1.) The Respondents stand acquitted of the charge under Section 302 and other provisions of IPC by the Sessions Judge, Sikar in Sessions Case No. 84/1983 dated 24.01.1985. The State assails the acquittal.
(2.) Respondent No. 1 has been deceased during the pendency of the appeal as informed by the State Counsel upon instructions received by him. The appeal therefore stands abated with regard to Respondent No. 1.
(3.) Learned Counsel for the State submitted that acquittal was not justified as both P.W.4 Gopal Singh and P.W.5 Raghunath Singh had specifically deposed having identified the Appellants in the light of 200 Watt bulb burning in the adjacent house of Jesaram which has not been appreciated properly. The allegations were specific that Respondent Dhanna Ram assaulted the deceased with a farsi while Bajranga assaulted with a lathi and others were present. Blood has been found on the farsi recovered on the confession of Respondent Dhanna Ram confirmed in FSL Report Exhibit P/19. Whether Dhanna Ram assaulted with a sharp edge or the blunt edge is inconsequential so long as he has been identified as an assailant in the light of the bulb.;