KANWALJIT SINGH AHLUWALIA,J. - (1.) State of Rajasthan has preferred present appeal against acquittal to assail the judgment dated 23.10.1989 rendered by the Court of Additional Sessions Judge, Sikar. The said court vide impugned judgment acquitted Tej Singh son of Jor Singh and four sons of Tej Singh, namely Prahlad Singh, Bhagirath Singh, Jaipal Singh and Arjun Singh.
(2.) During pendency of present appeal, Tej Singh expired and the State appeal was dismissed qua him having abated. It will be apposite here to reproduce order dated 10.03.2010 passed by the Division Bench of this court, as under:- "Learned P.P. has moved an application under Section 394 Cr.P.C., 1973 for taking on record an information that Tej Singh, respondent No.1 has expired and remaining respondents No.2, 3, 4 and 5 are alive. He has also annexed a report dated 6th March, 2010 received by him from SHO Police Station, Losal, District Sikar. In view of the above, the application is allowed. The information is taken on record and the appeal against Tej Singh s/o Jor Singh respondent No.1 is, accordingly dismissed as abated. List the appeal for hearing against the remaining respondents on 18th March, 2010 as prayed."
(3.) The trial Judge to record acquittal of accused-respondents has extended right of self defence to the accused by holding that the prosecution witnesses have suppressed the origin and genesis of the occurrence. The trial court further held that the prosecution witnesses have explained the serious injuries on the person of accused and rather, they resorted to falsehood by saying that they have seen the injuries caused to the accused in the occurrence.;