ORDER :

Prosecution was launched against Bhagmal and Bhup Singh alleging that at about 8 p.m. on June 25, 1995 when P.W.12-Raj Bir, P.W.13-Kaushalya and Prem Singh (deceased) were sitting in the out-house in village Beriyawas, Bhagmal and Bhup Singh armed with lathis attacked Prem Singh (deceased) on the pretext that he had abused them; that Prem Singh begged their excuse with folded hands but Bhagmal caught hold of Prem Singh and Bhup Singh gave a lathi blow on his head as a result of which Prem Singh fell down on the ground; that Bhagmal gave several fists blows and kicks on the person of the deceased; that in the meanwhile Nihal Singh and Kaushalya (P.W.13) rescued Prem Singh from the accused and he was carried to the hospital at Rewari and, thereafter, to another hospital at Rohtak but he succumbed to the injuries. Thereafter, a first information report was lodged with the police and on investigation of the case charge-sheet was filed for offences punishable under Section 302/34 and 452 Indian Penal Code.

2. The trial Court examined 14 witnesses and relied upon the eye witness account of Raj Bir (P.W.12) and Kaushalya (P.W.13) that the incident had taken place in the village at t