Judgment

SHINGHAL, J.:- This appeal and criminal appeal No. 579 of 1976 were ordered to be listed for hearing together. As the respondents in criminal appeal No. 579 of 1976 do not appear to have been arrested in pursuance of the non-bailable warrants which were issued against them, and are not before this Court, we have heard the arguments only in Vidya Sagars appeal No. 236 of 1971 and shall examine the evidence which bears on it.

2. The case arose out of first information report Ex. Ka 1 lodged by Mohan Singh P.W. 1 at 6.40 p.m., at police station Lar situated at a distance of about a mile from Lar town where the incident is alleged to have taken place at about 4 p.m. on July 6, 1968. Vinod Kumar alias Jhabar was a poor boy aged about 12 years. He lived in village Lar, where the accused also used to live. Vinod Kumar is said to have been employed by Kapil Deo, (accused), some 4 or 5 days before the incident, to work at his house. He therefore lived in his employers house and took his meals there. It has been alleged that some boys of the locality where Kapil Deo used to live with his wife Smt. Sheo Kumari (accused), his brother Ramapati (accused), and his son Vidya Sagar (accused)