Judgment

Uday Umesh Lalit, J.

1. This appeal by special leave seeks to challenge the judgment and order dated 11.02.2008 in DB-Criminal Appeal No.338 of 1983 passed by the High Court of Judicature for Rajasthan at Jodhpur acquitting the respondents of the offences punishable under Sections 147, 302 read with Section 149 IPC.

2. The matter arises out of reporting made by PW3 Lalaram at 11.30 pm on 21.05.1982 that at about 8.30 pm while returning from his field he had stayed at piao of Padmaji for having water and smoke. That time he saw Bhagirath, resident of Tausar ploughing his field with a tractor driven by PW4 Ramkaran. He also saw “one child” sitting on the tractor, whose name he did not know. While so sitting at piao he saw that the respondents-accused and one more person armed with lathis and kassies had formed an unlawful assembly and entered into the field of Bhagirath. As per reporting, he was able to identify them all in the light of the tractor and he had seen accused-respondent Manglaram stopping the tractor whereupon Bhagirath came down from the tractor. Accused Sampat Ram then allegedly inflicted a kassi blow on the head of Bhagirath who fell down. Treating him to be dea