JUDGMENT

B.P. Singh, J.-In this appeal by special leave the appellants are Ram Swaroop and his two sons Ram Kalyan and Hiralal. They alongwith two others namely, - Dakhan, wife of Ram Swaroop and Ram Kanya wife of Ram Kalyan were tried by the Additional District & Sessions Judge, Bundi, in Sessions Case No. 55 of 1986 charged variously of offences under Sections 302, 302/34 and 323 IPC.

2. It was the case of the prosecution that in the occurrence giving rise to the instant appeal, they had assaulted Bhanwarlal, brother of appellant Ram Swaroop, who succumbed to his injuries, and had assaulted and caused injuries to Ram Kanwari (PW-9), wife of the deceased and Madan Lal (PW-8), son of the deceased. The trial court after an exhaustive consideration of the evidence on record came to the conclusion that the prosecution had failed to prove its case beyond reasonable doubt. The witnesses examined by the prosecution in support of its case were not found to be reliable, their evidence was not consistent with the medical evidence on record, and the version disclosed by them was inconsistent. In view of these findings, the trial court acquitted them of all the charges levelled against them.

3.